Sentencing & Appeals

Question 1

S. 108-110 MCA 1980

Answer 1

D may appeal against sentence and/or conviction. The appeal is to the Crown Court.

(Prosecution have no right of appeal at magistrates’ court level)

Notice of appeal lodged within 21 days. Appeal treated as ‘de novo’ (‘of new’, ‘anew’) this new evidence may be called. Powers limited to that of mags. Sentence may be increased.

Question 2

Appeal from magistrates’ court to divisional court

Answer 2

By way of case stated - grounds that error of law or decision in excess of jurisdiction. Appeal by either pros. or def.

(Same issues cannot then be appealed to 👑)

Application again made within 21 days stating point of law in issue. Before three judges. Legal argument ONLY on qs set down for the court to answer. No issues of fact, no evidence. Court may: confirm, reverse of vary original decision or order re-trial.