Summary Appeals Flashcards
What is the slip rule?
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.
When is the slip rule appropriate?
Mostly when all parties agree there has been a mistake, not for D to re-argue case
What happens if Mags set aside through slip rule?
Retrial before a different bench
What are the common uses for the slip rule in the magistrates?
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.
How many options are there to appeal Magistrates decision?
3 (Crown, Case stated, and Judicial Review). Crown is most common.
Does the defendant need permission to appeal to the Crown?
No, it’s an automatic right
Who can appeal to the Crown Court
Defence only-= not open to the prosecution. Prosecutions version is AG.
What can D appeal to Crown on basis of?
Sentence when guilty plea and conviction and sentence when not guilty plea
Who can use Judicial Review Appeal?
Both C and D
Who can appeal by way of case stated?
Both Claimant and Defendant
What is the time limit for appealing from the magistrates to crown?
15 business days of sentence if it is submitted later than this it must be accompanied by application for extension and reason for delay.
What is the time limit for judicial review?
Must be prompt and max 3 months after decision. So if not prompt can be rejected in less than 3 months.
What is the time limit for appealing by way of case stated?
21 days from date of decision being appealed.
Can Crown Court increase sentence on appeal from the magistrates?
Yes- but only up to the limit of the magistrates sentencing powers.
What is the best appeal to use purely for errors in law?
By way of Case Stated.
On what points can the defendant appeal?
Appeal against sentence (if D plead guilty) unless they can show sentence is unequivocal and against conviction and sentence if D pleads not guilty
Disadvantages of appeal by way of case stated
It removes ability to appeal via Crown.
What is the procedure for appealing to the Crown from the Magistrates?
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.
Who hears a Crown Court appeal?
Crown Court judge and 2 lay magistrates- it can proceed with 1 to avoid unreasonable delay.
Who can abandon the appeal
The appellant only
How does an appeal go in Crown Court? What’s the structure?
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.
Is there a right to bail on appeal?
No right. Can be applied for in magistrates and if refused D can then apply to Crown.
How does appellant abandon appeal in Crown?
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.
What happens if D fails to attend appeal?
Treated as abandoned if not represented. If represented fine to go ahead.
