Magistrates Court Appeal Process Flashcards
What is an Appeal?
Formal request for higher court to review lower courts decision
Heard in appellate courts w various routes of appeal available
How many Routes Of Appeals are there for Magustrates Courts?
Appeals from Summary Cinvicyions hold 2 routes
What is the 1st Magistrates Route of Appeal?
Against convictions and/or sentences to Crown Court
Not available to prosecution
What 1st Appeal can be made for a Guilty/Not Guilty Defendant?
G- Only against Sentence
NG- Right to appeal against conviction and/or sentence
How does Crown Court hear this 1st Appeal?
Form o rehearing, “trial de novo”
Either confirm, reverse, vary it remit case back to magistrates w no opinion
Can Crown Court Increase Sentence in 1st Appeal?
Yes, w/out exceeding magistrates sentencing power o 6mnths
Can a Further Appeal be made in the 1st Appeal?
Can be made by prosecution/defence on a point of law
Sent to Queen’s Bench Divisional Court by way of Case Stated
What is the 2nd Magistrates Route of Appeal?
Available for prosecution + defence, sent to Queens Bench Divisional Court
Following Crown appeal by way of case states on grounds decision was wrong in law/exceeded jurisdiction
How does the Queens Bench Divisional Court hear 2nd Appeals?
Doesn’t take place as re-hearing, magistrates state case in writing that decision will be read+based on
Confirms, reverse or varies decision- prosecution appeals may be sent to magistrates for sentencing
What is the 3rd Further Appeal?
From QBD can possibly be heard in Supreme Court
What does the Supreme Court do in 3rd Appeals?
Firstly certify appeal raises a point of law of general public which must be granted
What is an example of case serving General Public Importance leading to Supreme Court involvement?
C V DPP (1994)
surrounded doli incapax wherein age o criminal responsibility in children was challenged
