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Appeal to the Crown Court
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A defendant may appeal
to the Crown Court against conviction or against the sentence.
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Appeal to the High Court |
An
appeal may be made to the High Court to examine a point of law or procedure.
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Appeal to the Crown Court |
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General rules about appeals to Crown Court |
The
Prosecutor has no right of appeal to the Crown Court.
An
appellant may not appeal to the Crown Court and also seek the Magistrates' Court
to state a case.
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Appeal against conviction |
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Limits on defendants right to appeal |
A
person may appeal against conviction provided he did not plead guilty.
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Procedure on appeal |
An
appeal to the Crown Court is by way of a re-hearing.
Written statements may be used again or just read at trial.
Witnesses may be called including any not called at the Magistrates' Court.
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Justices (at least 2) sit with the judge |
Whilst
justices sit with the judge on an appeal a justice of the peace is not allowed
to sit in the Crown Court on the hearing of an appeal in a matter on which he
adjudicated.
If they
are divided then the majority decision is followed; this means that the
magistrates can out-vote the judge.
There
is no jury.
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Further appeal against conviction |
If the
appeal against conviction fails there is a possibility of appealing to the High
Court, but this is unusual, but normally the decision of the Crown Court is
final.
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Appeal against sentence |
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Problems of appeal against sentence |
A
person convicted by a Magistrates' Court may appeal against sentence.
The
Crown Court will review the sentence passed, and can substitute any sentence the
original court could have passed, up to the maximum sentence available to that
court.
This
means there is a possibility that your sentence could be increased.
Additionally the defendant might be ordered to pay the costs of an unsuccessful
appeal.
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Appeal to the High Court |
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Divisional Court of the Queen's Bench Division
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Prosecutor or defendant may appeal on points of
law by means of "a case stated", or
by way of Judicial Review against procedure and (less often)
sentence.
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Appeal by way of case stated |
Case
stated in the Magistrates' Court is used when one party claims the magistrates
have made a decision that is wrong in law (usually to acquit a
defendant).
The formal application to the justices to state a case must be in writing and
made within 21 days. It must identify the question(s) of law or jurisdiction on
which the opinion of the High Court is sought
The opinion is prepared by the justice's clerk and the person who has appealed
lodges the appeal with the Administrative Court (High Court).
An appeal by way of case stated is concerned with
questions of law, not fact, unless it is being argued that the justices'
made findings that were perverse and amounted to an error of law - in all other
disputes of fact the appropriate forum is the Crown Court.
The magistrates can refuse to state a case on the grounds that the application
is frivolous.
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Appeal by way of Judicial Review |
There
is an overlap between the quashing order (the usual remedy following Judicial
Review) and the case stated procedure.
They
can both be used in situations where the court is wrong in law or has
acted in excess of jurisdiction and the effect of both remedies is to set
aside the decision of the court below.
When both remedies are available the case stated procedure should be used
because it enables the facts as found by the court to be placed before the
Administrative Court. |
