Appeals from MC

Appeal routes (Magistrates)

3 routes – Crown Court (re-hearing), Case stated (HC), Judicial review (HC)

Slip rule

not an appeal; MC may vary sentence or set aside conviction in interests of justice

Slip rule use

correct mistakes (e.g. wrong advice, absence with valid reason, unlawful sentence)

Slip rule limit

cannot change type of sentence or attached requirements

Re-open case

MC may quash conviction and re-open in interests of justice

Appeal to Crown Court

re-hearing of case

Who can appeal to Crown Court

only defendant

Nature of Crown Court appeal

automatic right, no leave required

Grounds Crown Court appeal

fact or mixed fact and law

Effect of guilty plea

appeal against sentence only

Effect of not guilty plea

appeal against conviction and/or sentence

Crown Court powers

confirm, reverse, vary, remit decision

Crown Court sentencing

may increase or decrease sentence

Time limit Crown Court appeal

within 15 business days of sentence

Service of notice

served on Magistrates’ Court and prosecution

Late appeal

requires application for extension of time

Hearing in Crown Court

judge + 2 lay magistrates

Evidence in Crown Court

not limited to original trial evidence

Abandon appeal

defendant may abandon by written notice

Failure to attend appeal

treated as abandoned if unrepresented

Bail pending appeal

no automatic right to bail

Case stated appeal

appeal to High Court on point of law

Who can appeal case stated

either party

Grounds case stated

error of law or excess of jurisdiction

Purpose case stated

ask “was the law applied correctly?”

Effect of case stated

no rehearing; based on legal argument only

Time limit case stated

21 days from decision

Procedure case stated

apply to MC to “state a case” for HC

Content of case stated

summary of facts, decision, legal question

Loss of route

if D uses case stated, cannot then go to Crown Court

Further appeal

after Crown Court, may still use case stated

Judicial review

challenge for illegality, irrationality, procedural impropriety

When JR used

unfairness, bias, procedural irregularity

JR vs case stated

JR focuses on fairness; case stated focuses on law

Time limit JR

promptly and within 3 months

JR court

Administrative Court (HC)

Examples JR grounds

failure to disclose, refusal of adjournment, lack of prep time

Bail in HC

only High Court can grant bail in JR cases