CLP 24 - Appeals Flashcards
What is the ‘slip rule’ under s.142 Magistrates’ Court Act 1980?
It allows magistrates to correct errors in sentence or conviction if it’s in the interests of justice – applies to both conviction and sentence.
Can a conviction be set aside under the slip rule?
Yes, especially if there’s evidence the conviction was unsafe (e.g., wrong legal advice or proven emergency absence).
What are the three ways to challenge a magistrates’ decision?
- Appeal to the Crown Court
- Appeal by case stated to the High Court
- Judicial Review
Under s.108 MCA 1980, when can a defendant appeal to the Crown Court?
- Against sentence (if pleaded guilty)
- Against conviction and/or sentence (if found guilty after trial)
What is the time limit to appeal from magistrates to Crown Court?
15 business days from sentence.
What does a Crown Court appeal hearing involve?
A full re-hearing with fresh evidence and witnesses before a judge and two magistrates.
Can a defendant get bail pending appeal from magistrates to Crown Court?
Yes, via the magistrates’ court or Crown Court if initially refused.
What happens if the defendant abandons their appeal?
The appeal ends. If hearing already started, Crown Court permission is needed to abandon it.
What is an appeal by case stated?
A legal challenge to the High Court based on an error of law or jurisdiction by the magistrates. No new evidence is heard.
What is the time limit to appeal by case stated?
Within 21 days of the decision (or from sentencing, if delayed).
What is judicial review in this context?
A High Court review for procedural errors, unfairness, or bias by the magistrates.
Can judicial review be used instead of a case stated appeal?
Only if the issue involves fairness or factual errors. Otherwise, case stated is preferred.
What is the ‘slip rule’ in Crown Court sentencing?
The Crown Court may correct sentencing errors within 56 days, but only the original judge can do so.
When does the slip rule not apply?
After the Court of Appeal has already ruled on the matter.
What types of cases does the Court of Appeal (Criminal Division) hear?
- Conviction/sentence appeals
- AG references (points of law / lenient sentences)
- CCRC referrals
- Prosecution appeals against terminating rulings
- Serious fraud/preparatory hearings
What are the time limits to appeal to the Court of Appeal?
- 28 days from conviction (for conviction appeals)
- 28 days from sentence (for sentence appeals)
What is needed to start an appeal to the Court of Appeal?
Leave (permission) from a single judge or full court + Form NG + clear grounds of appeal.
What happens if a single judge refuses leave?
The application can be renewed to a full court within 10 business days.
What are perfected grounds of appeal?
Grounds updated after transcript review, within 14 days.
Common grounds for appealing a conviction?
- Wrongful admission/exclusion of evidence
- Judicial misdirection
- Procedural unfairness
- Fresh evidence
- Inconsistent verdicts
Common grounds for appealing a sentence?
- Sentence wrong in law
- Manifestly excessive
- Failure to consider key factors
- Unfair disparity between co-defendants
What powers does the Court of Appeal have in conviction appeals?
- Quash the conviction
- Order a retrial
- Substitute conviction for a lesser related offence
What powers does the Court of Appeal have in sentence appeals?
- Quash the sentence
- Impose a new sentence (not harsher than original)
What is a ‘loss of time’ order?
If the appeal is without merit, prison time awaiting appeal may not count toward the sentence.
Can new evidence be introduced on appeal?
Yes – under s.23 Criminal Appeal Act 1968, if it’s credible and there’s a good reason it wasn’t used at trial.
What is an Attorney General reference?
- Point of law (after acquittal – doesn’t reverse it)
- Unduly lenient sentence (can result in increase)
What does the Criminal Cases Review Commission (CCRC) do?
Independently reviews cases with potential miscarriages of justice and can refer to the Court of Appeal.
Can the prosecution appeal terminating rulings?
Yes, under s.58 Criminal Justice Act 2003 (e.g., abuse of process rulings or no case to answer).
What are prosecution appeal requirements?
- Ruling ends the trial
- AG consents
- CPS is notified
- Notice filed within 5 business days
When can a criminal case go to the Supreme Court?
- Must involve an issue of general public importance
- Court of Appeal or Supreme Court must certify the appeal
What is the time limit for appeal to the Supreme Court?
- 28 days from CoA decision
- 14 days for AG reference cases
