Criminal Courts - Appeals from the Magistrates' court

Question 1

Appeal against conviction

Answer 1

1. Conviction - heard in the Crown court in front of 1 judge and 2 magistrates. They have 3 options regarding the conviction. They can:
   - Uphold it - Confirm conviction
   - Quash it - Get rid of it
   - Vary it - Change it (crime)

Question 2

Appeal against sentence

Answer 2

2. Sentence - heard in the Crown Court in front of 1 judge and 2 magistrates. They also have 3 option regarding the sentence. They can:
   - Uphold it
   - Decrease it
   - Increase it

The increasing of the sentence is limited to the Magistrates’ maximum powers.

Question 3

Case stated appeal

Answer 3

This is where either side (Defense or Prosecution) can make an appeal on a point of law. When making this type of appeal, the appellant is claiming that Magistrates’ has misapplied or misinterpreted the law. These types of appeals usually go to the Queen’s bench in the divisional court. They can decide 1 of 3 things:

• Confirm
• Reverse
• Remit

If this type of appeal is of extreme importance it’ll go up to the Supreme Court e.g. R v R

Question 4

Definition

Answer 4

D has an automatic right to appeal