Lecture notes
1st class easy notes
- Module
- BPTC/ BTC/ BVS
Easy notes that with the most important rules! Easy first class!
[Show more]
Seller
Follow
Content preview
Mags Power to Rectify Their Own Mistakes (Reconsidering) Setting aside conviction:
Error in law or defect in procedure that, lead to conviction. If set-aside will be
reheard before new bench.
Varying Sentence:
Where in interest of justice to do so – e.g. court was misled to believe a
sentence was appropriate. Only varied upwards in exceptional circumstances.
Can’t be done if D acquitted.
Note - In both instances power rarely used/only in limited circumstances.
General Right of Appeal from the Mags
Grounds for Appeal – Can be appeal on conviction (circumstances limited if GP) or
sentence – includes issues of admissibility, procedure, point of law etc.
Modes of Challenge – Three ways to challenge Mags’ decision:
1. Appeal to CC;
2. Appeal to HC by way of case stated (Divisional Court);
3. Judicial Review in HC.
Appeals to the Crown Court
Only available to D.
Judge: Heard by Circuit Judge/Recorder and two magistrates. Mags can’t outvote the
judge.
How: File Notice to Appeal (State grounds for appeal, witness to be questioned,
estimated length, whether Mags asked to reconsider)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller anikkhan. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £80.13. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
66391 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 15 years now