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27 + 28. Appeals from the Magistrates’ Court and Crown
Court
Includes:
- Power of the Magistrates to Rectify Mistakes;
- Appeals from the Magistrates Court to Crown Court;
- Appeals to the High court BY Case Stated;
- Applications for Judicial Review;
- Appeals from the Crown Court;
- Power of the Crown Court to Rectify Mistakes;
- Grounds for Appealing against Conviction;
- Grounds for Appealing against Sentence;
- Appeals by Way of Case Crown Court;
- Judicial Review of Crown Court;
- Power of the Crown Court to Rectify Mistakes;
- Appeal Procedure to the Court of Appeal;
- Vexatious Appeal;
- Bail Pending Appeal;
- Effect of a Successful Appeal;
- Attorney-General’s Reference Points;
- Appeals by the Prosecution;
- Further Options to Appeal
o Criminal Case Review Commission
o Supreme Court
Power of the Magistrates to Rectify Mistakes
Under Section 142 MCA 1980, Magistrates’ have the power to rectify their mistakes
by, either, setting aside a convection or varying the sentence imposed.
D23.23 Section 142 (1) allows the Magistrates’ Court to vary or rescind a
sentence, if it is in the interests of justice to do so, where the court has been
misled into imposing a particular sentence
This affords Magistrates’ the power to get a case reopened in order to rectify
an error, where is sentence has been imposed because of a mistake in not taking
account of a relevant fact; known as the ‘slip rule’.
D23.24 This power can only be used to increase a sentence in exceptional
circumstances, where a mistake is quickly identified and it is accepted on all sides to
have been made.
D22.73 Section 142(2) of the MCA 1980 also enables an accused who is convicted
in a Magistrates’ Court to ask the magistrates to set their conviction aside, whether
this conviction was based on the grounds of a guilty plea or of being found guilt.
- This application can be considered by the same Magistrates who
convicted the accused or by different bench. However, if conviction is set
aside, the case is to then be reheard by different magistrates.
,Such an application to set aside may be appropriate if, for example, the Magistrates
made an error of law or there was some defect in the procedure which led to the
conviction.
The application is to be made in writing as soon as reasonably practicable
after conviction and should be served on the court and each other party. It must
explain why the conviction should be set aside and must identify any witnesses that
the accused wants to call, and any other proposed.
Therefore, section 142 does not give the ability to the accused to make further
submissions to persuade the bench to change their mind on a verdict.
- Section 142 also only applies post-conviction, pre-trial rulings are varied
under s8A MCA 1980.
If the accused believe that the Magistrates have made the wrong decision on the
merits of the submissions, the appropriate courses for the accused to appeal to the
Crown Court or High Court by way of case stated.
Appeals from Magistrates’ to the Crown Court
D29.1 A person convicted by a Magistrates’ Court may appeal against either the conviction
and/or sentence under Section 108 MCA 1980. The right is automatic, subject to following
procedures.
, Application Procedure
29.6 In order to begin appeal proceedings in the Crown Court, a notice of appeal for
convection or sentence must be given in in writing to the relevant Magistrates court officer
and every other party within 15 business days of sentence being passed or deferred.
- Even if conviction and sentence are on different days.
The notice must:
State whether the appeal is against conviction, sentence, or order;
Summarise the issues and, in the case of appeal against conviction, must specify
the witnesses who the appellant will want to question; and
State how long the trial lasted in the Magistrates Court and how long the appeal is
likely to take.
- The standard for to do this is the N161, although, the Crown Court is allowed to accept
an appeal notice to be in other forms or to be presented orally.
If an appeal notice has been served within the 15 day time limit, no leave to appeal is
required. However, under R34.3, if a notice is served late, it can be served with an
application for an extension of time which must explain why the notice is late.
If a party then want to introduce further evidence relating to bad character, previous
sexual history, or hearsay for the appeal hearing; notice of an application to introduce
such evidence must also be made, no more than 15 business days after service of the
appeal notice.
D29.3 After leave to appeal is granted, under CrimPR 34.7 , the Crown Court may conduct
preparation for appeal hearings where:
(a) It is necessary in order to give directions for the effective determination of the appeal;
or
(b) It is required to set ground walls for the conduct of questioning of witnesses or
appellant.
This hearing may also address question of case management, procedure, the introduction of
admissibility of evidence, or any of the question of law needing to be determined before the
hearing.
Where a party gives notice to reintroduce material or to renew applications made in the
Magistrates’, no other application is required, however, any objection made in the
Magistrates’ to this material will also be renewed, unless notice to withdraw is served within
15 days.
- However, in an appeal against conviction of guilt, if a party does not file notice to do
this, they are required to serve the material within 15 business days of serving the
appeal notice.
Constitution of the Crown Court on Appeal
Under CrimPR 34.11, on an appeal hearing, the Crown Court must be comprised of:
(a) A presiding judge
- A judge of the High Court, a Circuit Judge, a Recorder or a qualifying judge
advocate; and
(b) No less than two but no more than four justices of the peace, none of who took
part in the initial decision.
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