Chapter 6 - Part 6.2 – Appeal from Magistrates' Crt to Supreme Crt on a question of law Flashcards
S272 Appeal to Supreme Court on a question of law
(1) party to crimproc (other than comproc) in MC can app to SC on QofL from final MC order
(2) if informant popo wishes to appeal, DPP must bring appeal on their behalf
(3) file NoA within 28 days after order (4) serve copy on respondent 7 days after filing
(5) serv copy (a) personally If on accused (b) ordinary if informant
(6) appeal not operative as stay unless court otherwise orders
(7) late appeal deemed to be application for leave to appeal
(8) (a)-(b) SC grant leave if satisfied EC, and no material prejudice
(9) after hearing / determining appeal, SC can make any order thought appropriate, including order remitting case for MC re hearing with/out any direction in law
(10) order can be enforced as order of SC (other than order remitting the case for re-hearing to the MC)
(11) SC may provide for a stay of the order or for admitting any person to bail as it considers appropriate.
S273 Appeal on question of law precludes appeal to County Court
If a person appeals under this Part to the SC on a QofL, that person abandons finally and conclusively any right under this or any other Act to appeal to CC in relation to that proceeding
