Chapter 9- Appeal Procedure

Question 1

3 avenues for appeal summary trial (magistrates)

Answer 1

Appeal to crown court
To the division court
To the high court

Question 2

Appeal to crown court

Answer 2

• Matter of fact and law
• s108 magistrates court act / CrPR 34 / CrPD
• If guilty can only appeal against sentence
• advise D that crown court can reverse or vary sentence to higher sentence providing it is within magistrates maximum sentencing powers
• Notice of appeal to be lodged
• Served straight after D is sentenced
• Notice sent to magistrates clerk and CPS
• Application for bail until appeal hearing can be made although no right to bail
• if for conviction a complete rehearing is done
• if for sentence no evidence and no witnesses are called
• heard by new judge or recorder with two lay magistrates
• public funding is applicable providing means test is applied

Question 3

Appeal at high court point of law / jurisdiction

Answer 3

S111 MCA

• Appeal within 21 days with prepared statement of matters of appeal
• appeal lodges at crown office in London
• public funding applicable providing means test satisfied
• trial before divisional judge of queens bench 2/3 judges
• court can vary or reverse decision but will then send it back to magistrates with direction on conviction
• D who chooses this path forfeits right to appeal to crown court

Question 4

Judicial review

Answer 4

Reviews on inferior courts such as magistrates and crown court

• prohibiting order
• quashing order
• mandatory order
• file application for permission to apply including a statement for grounds with affidavit
• Counsel instructed to appear with explain grounds to the court at application hearing
• if permission granted. Applicant to serve notice of motion on all parties
• all parties can then serve affidavits
• case heard and decision then made on the order

Question 5

Appeal from crown court (indictment)

Answer 5

Can appeal sentence / conviction to court of appeal
- leave to appeal is required
- applications for appeal to be lodged with registrar of criminal appeals within 28 days from conviction or sentence
- draft grounds and notice of grounds are to be filed
- single judge decides if leave ought to be given (if they refuse 14 days given to serve notice in registrar for renewing application)
- full papers go before full court to consider issues
- court appeal ask ‘have I reasonable doubt or lurking doubt conviction is unsafe?’
If yes, can quash offence, order retrial, find guilty of another offence, allow part of appeal, dismiss appeal.