CLP 7 - Appeals Flashcards
What is the maximum sentence for summary only offenses?
6 months
What is the next step if a defendant pleads not guilty to a summary only offense?
Completing the Preparation for Effective Trial form”
What is included on the Preparation for Effective Trial form?
- the defendant’s and legal representative’s contact details;
- names, numbers, types of witness and which party requires their attendance at court;
- the estimated length of trial;
- identification of trial issues;
- advance warning whether any applications are to be made (e.g. special
measures, bad character and hearsay); - whether any prosecution statements can be read;
- whether any special arrangements need to be made for trial;
- that the defendant advocate has advised D of credit for early guilty plea;
- that trial will go ahead in D’s absence if D fails to attend on the trial date;
Can pre-trial hearings be held in the Magistrates court for summary only offences?
Yes. These can cover matters such as admissibility of evidence and fitness to plead. Rulings can be made on the application of the defence or prosecution, or of the court’s own motion.
How long are pre-trail rulings for summary only offences binding?
conviction or acquittal of the defendant; or
a prosecution decision not to proceed; or
the dismissal of the case.
or varied by the court
When can a suspect plea guilty by post?
In summary only cases where:
- the matter has been commenced by summons or requisition; and
- the prosecutor has served a summary of the evidence on which the prosecution case is based; and
- the prosecutor has served information relevant to sentence
(This procedure is used for minor non imprisonable offences such as speeding or driving without insurance)
Who makes up the judges in a summary trial?
- At least two, but usually three, lay magistrates (also known as ‘justices of the peace’) or before a
- single District Judge.
Is an authorised court officer (justices’ clerk) mandatory where a summary trial is hear by lay magistrates?
Yes
Is an authorised court officer (justices’ clerk) mandatory where a summary trial is hear by District Judge?
No
What is the order of a magistrate’s trial?
- Legal arguments would be heard before the trial starts (questions of admissibility)
- Prosecution opening speech
- Defence identify matters in issue (where they disagree with the prosecution - effectively defence statement)
- Prosecution evidence
- Conclusion of the prosecution case
- Submission of no case to answer - On the defendant’s application or on its own initiative, the court may acquit on the ground that the prosecution evidence is insufficient for any reasonable court to properly convict.
- Right to give evidence and adverse inferences
- Defence evidence
- Prosecution closing speech
- Defence closing speech
- Legal advice - Before retiring to consider their verdict, the legal adviser will advise the magistrates in open court on any matters of law that are required
- Magistrates/ district judge retire to consider verdict
- Verdict
When can the prosecution make a closing speech in the magistrate’s court?
- the defendant is represented; or
- whether or not he is represented, the defendant has introduced evidence other than their own.
Do the Magistrates have the ability to vary their own decisions?
Yes both sentence and conviction if it is in the interests of justice to do so. The ‘Slip rule’ (normally only applies where everyone agrees that there has been a mistake).
What are the options for appeal from the Magistrate’s Court?
a)Appeal to the Crown Court (conviction or sentence), by way of re-hearing;
b)Appeal to the High Court (error of law), by way of case stated; or
c) Application to the High Court for judicial review of the decision.
What can be appealed from the Magistrate’s Court?
The conviction (in which case a re-trial is held).
The sentence (in which case a sentence hearing is held)
Note: the CC is not judging the conviction or sentence passed, it is passing its own conviction or sentence (up or down).
Can the prosecution appeal to the Crown Court?
No - the prosecution cannot appeal against acquittal or sentence.
When must the defence give notice of an appeal to the crown court if they want to appeal their sentence or conviction?
21 days after SENTENCE
(note: not conviction).
Who must the defence give notice an appeal to?
The Magistrates court and the prosecution.
What is the process for hearing an appeal in the Crown Court from the Magistrate’s Court?
The same as in the magistrates court (effectively a re-run of the trial).
Do the Magistrates give leave for the defence to appeal to the Crown Court?
No, it is an automatic right (as long as the appeal is in time).
Is there a right to bail pending an appeal from the magistrate’s court to the Crown Court
No - but can be requested from the magistrates or Crown Court.
When must an application for bail pending an appeal from the magistrate’s court to the Crown Court be made?
In the appeal notice.
What happens if the appelant fails to turn up at their appeal and is not represented?
The appeal is abandoned.
What powers does the crown court have regarding an appeal from the magistrate’s court?
- confirm, reverse or vary the decision appealed against or any part of it;
- remit the matter with its opinion to the magistrates;
- make any other order which the court thinks is just, so long as they exercise only the power the magistrates could have.
Who sits on an appeal in the Crown Court from the magistrate’s court?
- a judge and between 2 and 4 lay magistrates.
Does the evidence and way the prosecution puts its case have to be the same on appeal to the Crown Court as it was in the Magistrate’s court?
No
What sentences can be imposed by the Crown Court in an appeal from the magistrate’s court?
Any sentence available to the Magistrate’s Court.
Which court is an ‘appeal by way of case stated’ made to?
The High Court.
What does an appeal by way of case stated concern itself with?
Restricted to an appeal based on questions of law.