T27 - Appeal from MC to Cc

Question 1

Power to Rectify Mistakes

What does Section 142(1) of the Magistrates’ Courts Act 1980 allow?

Answer 1

It allows a sentence to be varied or rescinded if it is in the interests of justice,

ex: mainly for quickly identified and agreed-upon mistakes.

Question 2

When should Section 142(1) be used to increase a sentence?

Answer 2

Only in exceptional circumstances.

Question 3

What does Section 142(2) of the MCA 1980 provide for?

Answer 3

It allows magistrates to set aside a conviction to be reheard by another bench—used to correct simple errors.

( This is a limited power to rectify simple mistakes)

Question 4

Can a defendant appeal from the magistrates’ court to the Crown Court?

Answer 4

Yes, the defence has the right to appeal against conviction and/or sentence.

Question 5

Is leave required for such an appeal?

Answer 5

No, unlike appeals from the Crown Court to the Court of Appeal, leave is not needed

Dont need apply leave from mc to cc

But

Need to apply leave for CC to COA so that the appeal can be heard by the full court

Question 6

Can the prosecution appeal to the Crown Court?

Answer 6

No, the prosecution cannot appeal against acquittal or sentence to the Crown Court—they can appeal to the High Court via case stated or judicial review.

Question 7

What legislation governs this appeal right? ( appeal from MC to CC)

Answer 7

Section 108 of the Magistrates’ Courts Act 1980.

Question 8

What does s108(1)(a) and (b) allow?

Answer 8

Appeal against sentence if the defendant pleaded guilty, and appeal against conviction and/or sentence if the defendant was tried and convicted.

Question 9

Can a defendant appeal against conviction after a guilty plea? ( generally)

Answer 9

Generally, no—except in limited cases (e.g. plea under duress or equivocal plea).

Question 10

How is an appeal from the magistrates’ court to the Crown Court initiated?

Answer 10

A notice of appeal MUST be sent to the magistrates’ court office and the prosecution.

The P within 15 biz days of the finalisation of the case, that is, sentence or the date which the order was made if that is being appealed against

Question 11

What is the time limit to file the notice of appeal? ( From MC to CC)

Answer 11

15 business days from the finalisation of the case (e.g., sentence or order date).

Question 12

What must the notice of appeal include?

Answer 12

It must state the grounds of appeal.

Question 13

What happens after the magistrates’ court receives the notice and documents?

Answer 13

The documents are sent to the Crown Court, which will notify the parties of the hearing date and time.

Question 14

What is the composition of the Crown Court appeal bench?

Answer 14

A Crown Court judge and two lay magistrates. The judge chairs, but all have equal votes.

In an appeal it will be in an open court

If the appeal is against conviction there we be complete “RE-HEARING OF THE EVIDNECE “ that was called in the MC

Question 15

Is the hearing public or private?

Answer 15

It takes place in open court.

Question 16

What happens if the appeal is against conviction?

Answer 16

There is a full re-hearing of the original evidence. New evidence may be allowed if unavailable before. The original information (charge) cannot be amended.

Question 17

Can the defence make a submission of no case to answer?

Answer 17

Yes, under the same principles as in the magistrates’ court

The defence can make a submission of no case to answer at the conclusion of the P case in the exact s

Question 18

What is the order of presentation in the hearing?

Answer 18

Prosecution presents first, followed by the defence.

Question 19

What happens after the evidence is heard?

Answer 19

The court retires to deliberate and then announces its decision—either allowing the appeal (acquittal) or dismissing it (conviction confirmed).

If dismissed - the deicison of conviction is confirmed

IF the CC dismisses the appeal, the Court is likley to review the sentence and MAY CHANGE IT

Question 20

Appeals Against Sentence

What is the process if the appeal is only against sentence?

Answer 20

It’s similar to sentencing in the magistrates’ court:

a) Prosecution outlines case and antecedents

b) Defence mitigates

c) Court decides whether to allow or dismiss the appeal.

Question 21

Can the Crown Court change the sentence?

Answer 21

Yes, it can confirm, vary, or reverse the sentence (under s48 SCA 1981) but not beyond magistrates’ court powers.

THIS MEANS THAT THE CC CAN INCREASE THE SENTENCE PASSED IN THE MC IF ITS THINKS APP ( but not beyond what would be possible in court)

Question 22

Can the Crown Court remit a case?

Answer 22

Yes, it can remit to the magistrates with an opinion or make any other just order.

Question 23

Can an appeal be abandoned?

Answer 23

Yes:

1. Before hearing begins: no permission required.
2. After hearing starts: requires court’s permission.

Question 24

How is abandonment notice given?

Answer 24

In writing to all parties (though oral notice may be allowed by the court).

EVEN WEHRE GOOD NOTICE OF ABANDONEMENT HAS BEEN GIVEN, THE CC MAY STILL MAKE AN ORDER IN RELATION TO COST

Question 25

Is simply failing to attend a valid abandonment?

Answer 25

No, that does not count as valid abandonment.

Question 26

Can the court still make a costs order if the appeal is abandoned?

Answer 26

Yes, even after proper abandonment notice is given.

Question 27

Can both prosecution and defence appeal from the magistrates’ court to the High Court?

Answer 27

A: Yes, both parties can appeal to the High Court (Administrative Court).

Question 28

Can both the prosecution and defence appeal from the MC to CC?

Answer 28

NO. Only THE D CAN APPEAL FROM MC TO CC

Question 29

Q: What are the two routes of appeal from the magistrates’ court to the High Court?

Answer 29

A: 1. Case stated under s111 Magistrates’ Courts Act (MCA) 1980 2. Judicial review under s29 and s31 of the Senior Courts Act (SCA) 1981

Question 30

Case Stated S.111 MCA Q: What are the grounds for appeal by case stated?

Answer 30

A: The appeal must argue that the magistrates’ decision was either: a) Wrong in law, or b) Made in excess of jurisdiction.

Question 31

Q: Is case stated mechanism usually used and Can appeals on factual matters be brought by case stated?

Answer 31

A: 1. Case stated is not usually the app rout of appeal in relation to decision on matters of fact 2. Unless it is claimed that no reasonable bench could have reached that conclusion.

Question 32

Q: Can both conviction and sentence be appealed by case stated?

Answer 32

A: Yes, both are eligible for appeal through this route.

Question 33

Q: When can a case stated appeal be made?

Answer 33

A: ONLY after the final determination of proceedings.

Question 34

What does it mean to appeal by way of case stated from the magistrates’ court to the High Court?

Answer 34

It means the appealing party asks the magistrates’ court to state a legal question(s) for the Administrative Court (High Court) to decide.

Question 35

Who prepares the legal question(s) in a case stated appeal, and how is it done?

Answer 35

The magistrates’ court prepares the question(s) in consultation with both parties, then lodges them with the Administrative Court office.

Question 36

What is the composition of the Divisional Court that hears a case stated appeal?

Answer 36

It consists of at least 2 judges, and often 3.

Question 37

How is the case stated appeal hearing conducted in the Administrative Court?

Answer 37

It is conducted entirely by legal submissions; no new evidence is heard.

Question 38

What powers does the Administrative Court have when deciding a case stated appeal?

Answer 38

A: Under s28A SCA, the court can: a) Reverse the magistrates' decision b) Affirm the decision c) Amend the decision d) Remit the case back to the magistrates’ court with its opinion e) Make any other order it sees fit, including ordering a re-trial

Question 39

Can an appeal by way of case stated be abandoned?

Answer 39

Yes, it can be abandoned without leave (no permission required). (MAY)

Question 40

What is judicial review in the context of magistrates' court to the the HC

Answer 40

Judicial review is a process where the Administrative Court reviews decisions made by inferior courts or tribunals, including the magistrates’ court.

Question 41

What are the principal grounds for a judicial review?

Answer 41

1. Error of law 2. Acting beyond jurisdiction 3. Breach of natural justice

Question 42

When is judicial review more appropriate than case stated?

Answer 42

A: a) Judicial review is more suitable for issues involving facts, unfairness, or bias. b) Case stated is preferred for pure questions of law. TAKE NOTE: CASE STATED MORE FOR Q OF LAW JR FOR ISSUE OF FACTS

Question 43

What is the overlap between judicial review and case stated procedures?

Answer 43

Many appeals could technically fall under either route, but the choice depends on the nature of the error (fact vs. law or procedure).

Question 44

What powers does the Administrative Court have in judicial review proceedings?

Answer 44

A: Under s29 SCA, the court can issue: 1. Mandatory orders (requiring action) 2. Prohibiting orders (preventing action) 3. Quashing orders (nullifying a decision)

Question 45

What are the two routes of appeal from the Crown Court to the High Court (Administrative Court)?

Answer 45

1. By way of case stated 2. By judicial review

Question 46

Q: Can all decisions of the Crown Court be appealed to the High Court?

Answer 46

A: No. Appeals to the High Court cannot be made regarding trial on indictment or sentencing following trial on indictment because the Crown Court is equivalent in status to the High Court for those matters. (IMP = APPEALS TO HC CANT BE MADE REGARDING TRIAL ON INDICTMENT OR SENTENCE FOLLOWING INDICTMENT) (ONLY THE COA CAN DEAL WITH SUCH APPEALS REGARDING INDICTMENT)

Question 47

Which court deals with appeals relating to Crown Court decisions on indictment or CAN sentence following indictment?

Answer 47

The Court of Appeal.

Question 48

When is an appeal from the Crown Court to the High Court allowed?

Answer 48

Only when the Crown Court is exercising its appellate jurisdiction from the magistrates’ court, i.e., not relating to trial on indictment. ex: Appeals from the MC

Question 49

What legislation restricts High Court appeals from the Crown Court in relation to indictment cases?

Answer 49

Sections 28(2) and 29(3) of the Senior Courts Act (SCA).