C16: Appealing Court Decisions

Question 1

What is an interlocutory appeal?

Answer 1

An appeal on a point of law to a high court before the case proceeds.

Question 2

What are the 3 avenues of appeal from a Magistrates’ Court decision?

Answer 2

1. Crown Court (conviction/sentence)
2. High Court (by way of case stated on a point of law/jurisdiction)
3. High Court (by way of judicial review)

Question 3

If the accused wants to appeal a decision of the Magistrates’ Court, how long do they have to do so?

Answer 3

21 days of sentence being passed

Question 4

If the accused wants to appeal a decision of the Magistrates’ Court, how should it be done?

Answer 4

Notice of appeal in writing to the court officer of the Magistrates’ Court (21 days)

Question 5

What must be in a notice of appeal?

Answer 5

• conviction
• summary of issues
• witnesses
• length of hearing
• reasons for appeal

Question 6

Will the appellant be granted legal aid for an appeal hearing if they had legal aid for the original trial?

Answer 6

It is likely that they will.

Question 7

If, in an appeal, the appellants are over the threshold of the means test, when will they still get legal aid?

Answer 7

When the appeal is in the interests of justice. They will still need to pay a one-off payment if the appeal is dismissed or abandoned.

Question 8

Who are the judges for an appeal in the Crown Court?

Answer 8

A Circuit Judge sitting with two lay magistrates.

Question 9

Can fresh evidence be called in an appeal?

Answer 9

Yes, it can. It is a new re-hearing of the case.

Question 10

In an appeal to the Crown Court, what sentencing powers do they have?

Answer 10

The same as the original magistrates had when it was tried in the Magistrates’ Court.

Question 11

Where do ‘red judges’ sit?

Answer 11

In the High Court of Justice

Question 12

What is an appeal by way of case stated?

Answer 12

An appeal to the High Court where the magistrates have misinterpreted a point of law or evidence.

Question 13

What must an appellant submit to the Magistrates’ Court if they intend to appeal by way of case stated?

Answer 13

A statement of case, including:

1. charge
2. findings of fact
3. points of law raised
4. decision on points of law
5. questions to be decided by the Divisional Court

Question 14

When must appeals to the Crown Court and appeals to the High Court be submitted by?

Answer 14

From 21 days of conviction

Question 15

How many judges will appear on the by way of case stated KBD?

Answer 15

At least 2 judges

Question 16

What is a judicial review trial?

Answer 16

To review a process by which a decision has been made against a public body, such as the police or CPS.

Question 17

How long does the appellant have to made the application for judicial review?

Answer 17

3 months from the decision made

Question 18

On which 3 basis can judicial review be brought around the making of the decision?

Answer 18

Illegality
Irrationality
Procedural irregularity

Question 19

Which case is relevant for Irrationality for judicial review?

Answer 19

Wednesbury Corporation - the test that the decision must be so unreasonable that no reasonable body would ever consider taking it.

Question 20

What are the three orders that can be requested in judicial review?

Answer 20

Prohibiting order
Quashing order
Mandatory order

Question 21

What are the 4 steps in the process of judicial review?

Answer 21

1. Applicant gets permission
2. Applicant serves notice of motion
   (If parties agree, Consent Order of what will be revisited)
3. Defendant submits contesting written grounds within 35 days
4. Hearing is held

Question 22

What is the CACD?

Answer 22

Court of Appeal Criminal Division

Question 23

If legal aid counsel doesn’t agree with an appeal, how long do you have to wait until you can get a second opinion?

Answer 23

6 months

Question 24

Is there an automatic right of appeal following conviction and sentence at the Crown Court?

Answer 24

No, only in Magistrates’ Court. You need leave to appeal.

Question 25

Who grants leave to appeal?

Answer 25

The Court of Appeal.

Question 26

When do applications to appeal to the CoA from the CC have ot be lodged?

Answer 26

Within 28 days with the Registrar of the CoA.

Question 27

What is Form NG?

Answer 27

Notice of Grounds, used when appealing to the CoA

Question 28

What is the right way of stating that a sentence is too long?

Answer 28

It is ‘manifestly excessive’, meaning it is outside the sentencing range in the guidelines.

Question 29

When can fresh evidence create grounds for an appeal in the CoA?

Answer 29

If it is:
- capable of belief
- capable of forming grounds of appeal
- it would have been admissible in the original trial
- there is a reasonable explanation why it wasn’t included originally.

Question 30

Who reviews the CoA appeals?

Answer 30

A single judge of the CoA.

Question 31

What needs to happen to appeal to the CoA?

Answer 31

1. Counsel must advise in favour of appeal
2. Within 28 days of sentence, complete Form NG and send to CoA with
   - grounds prepared by Counsel
   - transcript of hearing
3. Single Judge considers whether or not to grant leave to appeal

Question 32

What happens if the CoA refuses leave to appeal?

Answer 32

The appellant has a further 14 days to serve notice that they wish to renew the application for review by Full CoA, not just one judge.

Question 33

How much would a person who has appealed against sentence to the Crown Court from the Magistrates’ Court have to make a one off payment of, if they abandon their appeal against sentence?

Answer 33

Answer: £250 - against sentence/ancillary order

Extras:
£250 - against conviction but sentence is reduced

£500 - against conviction

Question 34

What is an abuse of process?

Answer 34

Where the police/prosecution have behaved improperly and the case should not proceed.

Question 35

What is the CCRC?

Answer 35

Criminal Cases Review Commission, investigates potential miscarriages of justice.

Question 36

What is the minimum and max of judges in the Supreme Court?

Answer 36

5 to 11

Question 37

What is transferred malice?

Answer 37

When an intention to harm one individual mistakenly results in harm to a different person, the perpetrator is still responsible for the crime.