CLP 7 - Appeals Mag Flashcards
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 does the slip rule apply to?
errors in:
- law
- procedure
What are the options for appeal from the Magistrate’s Court?
- Appeal to the Crown Court (error of Fact), by way of re-hearing
- Appeal to the High Court (error of law), by way of case stated
- Application to the High Court for judicial review of the decision.
What can D appeal to the Crown Court?
If pleaded guilty - appeal against sentence (in which case a sentence hearing is held)
If pleaded not guilty - appeal against conviction (in which case a re-trial is held) and sentence
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.
If D just appeals his conviction and loses, can the Crown Court adjust his sentence?
Yes
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.
How is an appeal abandoned?
serve notice on:
- Magistrates
- Crown Court
- Prosecution
(everyone effectively)
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.
