Summary Criminal Litigation - Appeals from the magistrates’ courts and from the Crown Court in its appellate capacity
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Course
Bar Practice Course
Institution
University Of Law (ULaw)
1. the power of the magistrates to rectify mistakes
2. the general right of appeal from the magistrates’ court to the Crown Court
3. the procedure in the Crown Court for dealing with the appeal
4. the powers of the Crown Court on appeal, including the power to increase sentence
5. appeal to t...
Syllabus 27: Appeal from the magistrates’ courts and from the Crown Court in its appellate
capacity
1. Setting aside a conviction for rehearsing before differently constituted bench (power
to rectify mistakes)
[D22.72]
s.142(2) enables an accused who was convicted in a MC to ask the magistrates to set the
conviction aside:
- can be considered by same magistrates who convicted accused or different bench
If conviction is set aside, case is reheard by different magistrates’ from whose who convicted.
Application is appropriate if:
- Error of law
- Some defect in the procedure which led to the conviction Application can be made by:
- A party
- Own initiative of court
- Court must not exercise power in the absence of a party unless the court makes a decision
proposed by that party or the party has agreed in writing to the decision or party has had
opportunity to make representations.
Does not enable a convicted accused to make further submissions with a view to persuading the
bench to change its mind and substitute a NG verdict.
2. Variation of sentence under the Magistrates’ Court Act 1980, s.142
[D23.23, D23.24]
s.142(1) = allow magistrates court to vary or rescind its decision as to sentence if it is in the
interest of justice to do so. The magistrates can re-open the case regardless of whether the accused
pleaded guilty or was found guilty. Cannot operate where accused was acquitted.
Can be used to increase sentence only in exceptional circumstances.
3. Routes of challenge of decisions of MC
[D29.1, D29.3, D29.6, D29.7, D29.10, D29.13]
3 means to challenge a decision:
(a) Appeal to CC
If offender pleaded G in MC = can appeal against conviction and sentence to CC
(b) Appeal to HC by way of case stated
(c) Application to HC for Judicial Review.
For both (b) and (c) = If party in MC is aggrieved at the outcome of proceedings.
, ➢ Appeal against conviction and sentence
s.108 MCA 1980: Appeals to Crown Court
➢ Procedure on Appeal to the Crown Court
Notice of appeal given in writing to relevant MC officer and every party within 15 business days
of sentence being passed or sentence being deferred.
Notice should state:
- whether the appeal is conviction or sentence or an order or failure to make an order.
- Summarise the issues
- Appeal against conviction must specify the witnesses whom the appellant wishes to
question and state how long trial lasted in MC and how long appeal likely to take.
- In appeal against finding that the A insulted someone or interrupted proceedings, the MC
written findings of fact and A’s response must be attached.
- Must stipulate whether the A has asked the MC to reconsider the case - ID all those upon
whom the notice has been served.
Notice can be presented orally.
No leave to appeal is required if not out of time. Otherwise, application for extension of time
must be served and must explain why appeal is late.
Appeal is heard by a circuit judge or recorded who sit with 2 lay magistrates.
Under s.79(3), appeal proceeds by way of complete rehearing.
The parties may call evidence which has only become available to them since the trial or
evidence they decided not to use in the MC.
Appeal against sentence is a fresh sentence hearing. The CC should consider whether the sentence
passed by the MC was the correct one.
➢ Powers of the Crown Court on Appeal
s.48, Senior Courts Act 1981
(2): On the termination of the hearing of an appeal the Crown Court—
(a)may confirm, reverse or vary any part of the decision appealed against, including a
determination not to impose a separate penalty in respect of an offence; or
(b)may remit the matter with its opinion thereon to the authority whose decision is appealed
against; or
(c)may make such other order in the matter as the court thinks just, and by such order
exercise any power which the said authority might have exercised.
(4)subject to section 11(6) of the Criminal Appeal Act 1995, if the appeal is against a conviction
or a sentence, the preceding provisions of this section shall be construed as including power to
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