Chapter 10: Appeals Procedure

Question 1

What may a defendant do if they are not satisfied with the outcome of their case?

Answer 1

They may opt to appeal their conviction or their sentence

Question 2

When may a defendant appeal from the Magistrates’ Court to the Crown Court?

Answer 2

The defendant has a right to appeal against either conviction or sentence.

A defendant who has pleaded guilty may appeal to the Crown Court only against sentence.

Question 3

What is the procedure for appealing if the defendant wishes to appeal from the Magistrates’ Court to the Crown Court?

Answer 3

The defendant must lodge a written notice of appeal with the convicting/sentencing court within 15 business days.

There is no requirement to set out the basis of appeal as the court has no power to decline jurisdiction.

However, it is usual practice to set out the grounds of appeal.

Question 4

Who will an appeal to the Crown Court from the Magistrates’ Court be heard by?

Answer 4

Matter is heard by a Crown Court judge supported by at least 2, and no more than 4, magistrates.

Question 5

What happens at an appeal to the Crown Court from the Magistrates’ Court?

Answer 5

It constitutes a complete rehearing, which means new evidence can be called

Question 6

What sentencing powers do the Crown Court have at an appeal hearing from the Magistrates’ Court?

Answer 6

The Crown Court has the power to increase as well as reduce the sentence imposed, although they are restricted to the sentencing powers of the Magistrates’ Court.

Question 7

What can the Crown Court do if an appeal from the Magistrates’ Court is unsuccessful?

Answer 7

The Court can impose a costs order on the defendant should the appeal be unsuccessful

Question 8

Who may appeal from the Magistrates’ Court to the Divisional Court (High Court) by way of case stated?

Answer 8

Both the prosecution + the defendant may appeal from the Magistrates’ Court to the Divisional Court (High Court) by way of case stated

Question 9

What grounds must an appeal from the Magistrates’ Court to the Divisional Court (High Court) by way of case stated be on?

Answer 9

The appeal must be on the ground that the decision is wrong in law or in excess of jurisdiction.

Question 10

When must an application for appeal from the Magistrates’ Court to the Divisional Court (High Court) by way of case stated be made by? Requirements?

Answer 10

The application must be made in writing within 21 days of the decision that is appealed to the convicting/sentencing Magistrates’ Court, and it must include the point of law subject to the appeal

Question 11

Who hears an appeal from the Magistrates Court to the Divisional Court (High Court) by way of case stated?

Answer 11

The appeal is heard by 3 judges

Question 12

What happens at an appeal hearing at the Divisional Court (High Court) by way of case stated?

Answer 12

Only legal arguments will be made.
There will be no rehearing of evidence

Question 13

What is required for the defendant to be able to appeal from the Crown Court against conviction and sentence to the Court of Appeal?

Answer 13

The defendant must obtain leave to appeal as a first step.

This can be granted either by the trial judge or the Court of Appeal itself.

Question 14

What must be done if a defendant seeks leave from the Court of Appeal when appealing from the Crown Court?

Answer 14

They must lodge a notice for application of leave to appeal within 28 days of the decision with the convicting/sentencing court.

Question 15

What happens once permission is requested for appeal from the Crown Court to the Court of Appeal?

Answer 15

The Crown Court will send the appeal to the Court of Appeal, where a single judge will decide whether leave to appeal should be granted.

If refused, the defendant can renew the application to the full court

Question 16

What is needed for a defendant to appeal against conviction from the Crown Court?

Answer 16

A defendant can appeal a conviction only on the ground that it is ‘unsafe’.

Question 17

When may a conviction be unsafe?

Answer 17

A conviction may be unsafe if, e.g.,:
i. evidence was wrongly admitted or excluded,
ii. a direction was wrongly given or omitted,
iii. the conduct of the trial judge demonstrated obvious bias,
iv. there was wrongful exercise of discretion,
v. there were errors in summing up, or
vi. there were problems relating to the jury.

Question 18

What can the Court of Appeal do when hearing an appeal against conviction from the Crown Court?

Answer 18

They can:
i. quash the conviction and order either acquittal or a retrial,
ii. find the defendant guilty of some offences but not others,
iii. find the defendant guilty of alternative offences, or
iv. dismiss the appeal

Question 19

What can an appeal against sentence from the Crown Court be based on?

Answer 19

An appeal against sentence can be made on the basis that the sentence was:
i. wrong in law,
ii. wrong in principle, or
iii. manifestly excessive

Question 20

What can the Court of Appeal do when hearing an appeal against sentence from the Crown Court?

Answer 20

The Court of Appeal can:
i. quash any sentence imposed by the Crown Court, and
iii. impose any sentence it deems appropriate.

However, it cannot exceed the sentence imposed by the Crown Court.

Any new sentence imposed by the Court of Appeal will be deemed to have been imposed at the original sentencing date, which means any further time spent in custody pending appeal will be taken into consideration

Question 21

When can the prosecution appeal a Crown Court decision?

Answer 21

The prosecution cannot appeal a decision by the jury to acquit a defendant, but it can appeal rulings made by the judge during the course of the trial.

Question 22

When may the Attorney General refer a case to the Court of Appeal?

Answer 22

If they feel a sentence passed was unduly lenient and permission is granted by the Court of Appeal itself

Question 23

When can a decision of the Court of Appeal be appealed to the Supreme Court?

Answer 23

A decision of the Court of Appeal can be appealed to the Supreme Court by the defendant or prosecution only if:

1. The Court of Appeal or the Supreme Court grant leave to appeal and,
2. The Court of Appeal certifies that a point of law of general public importance is involved