Summary Appeals

Question 1

What is the slip rule?

Answer 1

It allows the magistrates to address an error they have made. They have the power to vary or set aside sentence if it’s in the interests of justice to do so.

Question 2

When is the slip rule appropriate?

Answer 2

Mostly when all parties agree there has been a mistake, not for D to re-argue case

Question 3

What happens if Mags set aside through slip rule?

Answer 3

Retrial before a different bench

Question 4

What are the common uses for the slip rule in the magistrates?

Answer 4

If the legal advisor provided the wrong advice to the mags, if D did not attend trial due to medical emergency which wasn’t known at the time, where sentence needs to be reduced e.g. financial penalty is higher than stated max. The sentence can also be increased e.g. if court was mislead by D.

Question 5

How many options are there to appeal Magistrates decision?

Answer 5

3 (Crown, Case stated, and Judicial Review). Crown is most common.

Question 6

Does the defendant need permission to appeal to the Crown?

Answer 6

No, it’s an automatic right

Question 7

Who can appeal to the Crown Court

Answer 7

Defence only-= not open to the prosecution. Prosecutions version is AG.

Question 8

What can D appeal to Crown on basis of?

Answer 8

Sentence when guilty plea and conviction and sentence when not guilty plea

Question 9

Who can use Judicial Review Appeal?

Answer 9

Both C and D

Question 10

Who can appeal by way of case stated?

Answer 10

Both Claimant and Defendant

Question 11

What is the time limit for appealing from the magistrates to crown?

Answer 11

15 business days of sentence if it is submitted later than this it must be accompanied by application for extension and reason for delay.

Question 12

What is the time limit for judicial review?

Answer 12

Must be prompt and max 3 months after decision. So if not prompt can be rejected in less than 3 months.

Question 13

What is the time limit for appealing by way of case stated?

Answer 13

21 days from date of decision being appealed.

Question 14

Can Crown Court increase sentence on appeal from the magistrates?

Answer 14

Yes- but only up to the limit of the magistrates sentencing powers.

Question 15

What is the best appeal to use purely for errors in law?

Answer 15

By way of Case Stated.

Question 16

On what points can the defendant appeal?

Answer 16

Appeal against sentence (if D plead guilty) unless they can show sentence is unequivocal and against conviction and sentence if D pleads not guilty

Question 17

Disadvantages of appeal by way of case stated

Answer 17

It removes ability to appeal via Crown.

Question 18

What is the procedure for appealing to the Crown from the Magistrates?

Answer 18

Notice must be served on the magistrates court, and Prosecution and it must specify: conviction, what’s being appealed, date and court, a summary of the issues, state if magistrates were asked to appeal decision and if not, why not and list parties on whom appeal has been served.

Question 19

Who hears a Crown Court appeal?

Answer 19

Crown Court judge and 2 lay magistrates- it can proceed with 1 to avoid unreasonable delay.

Question 20

Who can abandon the appeal

Answer 20

The appellant only

Question 21

How does an appeal go in Crown Court? What’s the structure?

Answer 21

Sentence- a re-hearing of the sentence hearing - facts presented and mitigation heard. Crown will consider, in light of all sentence heard, do they think original sentence was correct.

Conviction- the same way as original trial. Pros then D. opening, EIC, Cross and Re-examination and Crown must give reason for decision. It doesn’t involve examination of the magistrates decision.

Question 22

Is there a right to bail on appeal?

Answer 22

No right. Can be applied for in magistrates and if refused D can then apply to Crown.

Question 23

How does appellant abandon appeal in Crown?

Answer 23

Appellant needs to Give notice in writing to the mags, crown and prosecution. Permission of Crown Court is needed when re-hearing has already started.

Question 24

What happens if D fails to attend appeal?

Answer 24

Treated as abandoned if not represented. If represented fine to go ahead.

Question 25

What powers do the Crown have on appeal?

Answer 25

Confirm, reverse of vary decision of magistrates/ part of decision, remit the matter back to the magistrates with its opinion or make any other other the court thinks is just (within the power magistrates would have had).

Question 26

What are the potential cost implications of appealing?

Answer 26

If successful, they may be awarded a costs order, or may be required to pay if not successful. If abandoned, costs can be awarded against appellant- this is normally only done if abandoned within 24 hours of hearing.

Question 27

What is an appeal by way of case stated?

Answer 27

An appeal to the High Court on basis that decision was wrong in law (usually) or in excess of jurisdiction- used to seek clarification on the law.

Question 28

How do you appeal by way of case stated?

Answer 28

The defendant applies to Magistrates to “state a case” for the opinion of the high court- it takes the form of questions about the law procedure D asserts was wrongly decided. The final “case stated” is agreed with all parties and includes a summary of evidence heard of trial. legal arguments on disputed decision and the decision itself.

Question 29

What happens once a case has been stated?

Answer 29

It’s treated as a Civil Matter for procedural purposes by High Court.

Question 30

Where is appeal for case stated heard? Who will hear?

Answer 30

Kings Bench Division of the High Court a minimum 2 judges and standard of 3 will hear.

Question 31

What evidence is presented by way of case stated in high court?

Answer 31

None- decision is based on legal submissions by the parties.

Question 32

Who can use appeal by way of case stated?

Answer 32

Prosecution and Defence

Question 33

What is impact on Crown appeal route when appealing by way of case stated?

Answer 33

You lose the right to appeal via Crown but if appeal via crown first- don’t lose opportunity to appeal via way of case stated.

Question 34

What powers do Divisional Court have when dealing with appeal by way of case stated?

Answer 34

affirm,, reverse or amend the magistrates court decision, remit case back to mags with their opinion or give any order they see fit (that mags could have given)

Question 35

Where does an appeal by way of case stated go after the High Court?

Answer 35

Directly to the Supreme Court Bypasses the Court of Appeal

Question 36

What are the grounds for judicial review

Answer 36

Error in law on face of records i.e. error disclosed by court records, excess of jurisdiction and breach of natural justice.

Question 37

Who can seek judicial review?

Answer 37

Prosecution and Defence

Question 38

Who has power to grant bail to an appellant of Judicial Review

Answer 38

High Court only

Question 39

What is the standard for Judicial Review when discretion is involved?

Answer 39

Wednesbury Unreasonableness

Question 40

Where is a decision of the High Court on Judicial Review appealed?

Answer 40

Supreme Court (bypass COA)

Question 41

How to decide which method of appeal to chose?

Answer 41

1. If misdirection or error of law- By way of case stated
2. If alleged unfairness or bias or if issue of fact not dealt with by justices- Judicial Review - very rare
3. If error in Law or a mix of error in fact and Law- Crown Court (by far the most common)