Chapter 10: Appeals Procedure

Question 1

If a defendant has been convicted at trial (Magistrates’ Court), may they appeal their sentence and/or conviction to the Crown Court?

Answer 1

As a right, a defendant may appeal to the Crown Court against either their conviction or sentence

UNLESS - The defendant has pleaded guilty. In which case, they can only appeal against sentence

Question 2

Does the prosecution have a right to appeal in the Magistrates’ Court?

Answer 2

No

Question 3

What is the procedure for a defendant appealing the conviction / sentence given in the Magistrates’ Court to Crown Court?

Answer 3

• The defendant must lodge a written notice of appeal within 15 business days
• There is no requirement to set out the grounds for appeal, but this is usually given in practice

Question 4

When a conviction / sentence from the Magistrates Court is heard in the Crown Court, will it be treated as a new trial?

Answer 4

Yes, it constitutes a rehearing and new evidence can be called

Question 5

When hearing an appeal from the Magistrates Court, can the Crown Court increase or reduce the sentence imposed?

Answer 5

Yes, but they are restricted to the sentencing powers of the Magistrates’ Court.

Question 6

Can a case from the Magistrates Court be appealed to the High Court?

Answer 6

Yes, by way of case stated. I.e. the decision is wrong in law or in excess of jurisdiction

Question 7

Can both the prosecution and the defendant appeal from the Magistrates’ Court to the High Court?

Answer 7

Yes

Question 8

If appealing from the Magistrates’ Court to the High Court, when must an application be made and what must it contain?

Answer 8

• Application must be made within 21 days of the decision
• Application must include the point of law subject to the appeal

Question 9

If an appeal is made to the High Court, will there be a rehearing of evidence?

Answer 9

No, no legal arguments are made and there is no rehearing of evidence.

Question 10

Can a defendant appeal from the Crown Court against conviction and sentence to the Court of Appeal?

Answer 10

Yes, provided that they have leave from the trial judge or the Court of Appeal

Question 11

If a defendant is appealing from the Crown Court to the Court of Appeal, when must they make an application?

Answer 11

• An application must be made within 28 days of the decision from the convicting / sentencing court.
• A single judge decides whether the appeal should be granted

Question 12

On what grounds can a defendant appeal conviction? (Crown Court to Court of Appeal)

Answer 12

• The only ground is that the conviction is unsafe
• E.g. evidence wrongly admitted or excluded

Question 13

If the Court of Appeal finds the Crown Court’s conviction unsafe, what three things can they do?

Answer 13

• Quash the conviction and order acquittal or retrial
• Find the defendant guilty of an alternative offence
• Dismiss the appeal

Question 14

On what grounds can a defendant appeal sentence? (Crown Court to Court of Appeal)

Answer 14

The sentence was wrong in law, wrong in principle or manifestly excessive

Question 15

May the Court of Appeal decline a timely appeal from the Crown Court?

Answer 15

Yes, because such appeals are discretionary

Question 16

If the Court of Appeal finds the Crown Court’s sentence wrong, what can they do?

Answer 16

Impose a sentence they consider appropriate (cannot exceed sentence imposed by Crown Court)

Question 17

Can the prosecution make an appeal? (Crown Court to Court of Appeal)

Answer 17

The prosecution cannot appeal the jury’s decision to acquit a defendant, but they can appeal rulings made by the judge during the trial

Question 18

Can the defendant and/or prosecution appeal a decision of the Court of Appeal to the Supreme Court?

Answer 18

Both the defendant and prosecution can appeal to the Supreme Court, but only if:

• Court of Appeal or Supreme Court grant leave to appeal; and
• The Court of Appeal certifies that a point of law or general public importance is involved