Summary
Summary Public Services - Understanding the legal system - M3
- Institution
- PEARSON (PEARSON)
Directly from my public services course which I achieved maximum marks in, this covers M3 of the understanding the legal system module
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Explain the grounds for appeal from the magistrate’s court and the crown court in England and walesWhen appealing in England and wales the court that you are having your trial in determines
the process that you have to go through to make an appeal and the conditions that allow it
or disallow an appeal to be made. It is important to note though that regardless of the court
you should initially have the right to appeal even if the appeal is denied or rejected you
should still have the right to appeal. You have the right to appeal against your sentence if
you pleaded not guilty against your sentence as the defendant. You can still appeal if you
pleaded guilty but only against your sentence so this type of appeal is least likely to be
successful. This of course means that the case automatically goes to the next higher court by
appealing. In the majority of cases this will be cases from magistrate’s court going to crown
court, if this occurs then a judge different to the one at the original trial and at least 2
magistrates. Appeal hearing will not have a jury. In the event of a successful appeal, if it’s
against your conviction you will have the previous verdict dropped and it will no longer
apply, if you are appealing against a sentence than you will have sentence reduced, though it
can be totally wiped. After an appeal an individual may become eligible for compensation.
However most cases that are heard don`t get their appeal as few cases are serious enough
to warrant a place in the higher court. The prosecution can only appeal if they want a more
serious sentence and what can be placed on the defendant is limited and depends upon
each court. The lower courts like the magistrates can only place a football ban order onto
any sentence whereas higher courts can completely change the sentence to be more
serious. This will only likely occur where a fine is the sentence rather than prison as at this
point any prison sentence is likely life and obviously you cannot go above that. On the other
hand a fine can be increased almost indefinitely by some courts at the top of the judicial
system like the court of appeals or Supreme Court of justice. The prosecution cannot have a
re-trail of the individual to try and get a more favourable verdict, though in the event of new
evidence or similar supporting a re-opening or re-trailing of that individual the prosecution
can attempt to change the previous verdict of guilt and sentencing (if any).
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