Appeals and Appellate Courts

• Appeal from the MC to CC

  • (D) pleaded guilty at MC - can appeal can only be made against sentence. CC can confirm the sentence, or they can increase or decrease it
  • (D) pleaded not guilty: was convicted, an appeal can be made against conviction/sentence
  • CC: consisting of judge sitting, with 2 lay magistrates will hold a complete rehearsing of the case including evidence that was not available
  • can confirm or vary the conviction, or find the (d) guilty of a lesser offence
• What type of appeals are case-stated appeals?

  Appeals on a point of law (POL)
• Which court do case-stated appeals go to?

  Queen's Bench Divisional Court
• From which courts can case-stated appeals be made?

  Magistrates' Court (MC) or Crown Court (CC)
• Who can use the case-stated appeal route?

  Both the prosecution and defence
• What are the magistrates asked to do in a case-stated appeal?

  State the case, setting their findings of fact and their decision
• On what basis is the appeal argued?

  On the basis of what the law is on those facts
• Are witnesses called during a case-stated appeal?

  No, witnesses are not called
• How many judges usually hear a case-stated appeal?

  A panel of 2 or 3 judges
• What is the approach taken in a case-stated appeal?

  To determine if the magistrates made a wrong decision due to a mistake about the law
• What can the Divisional Court do with the decision made by the magistrates?

  Conform, vary, reverse the decision, or send the case back for implementation
• How many case-stated appeals are usually made each year?

  Fewer than 100
• What is the possibility after a case-stated appeal?

  Further appeal to the Supreme Court
• What case is referenced regarding the possibility of further appeal to the Supreme Court?

  cv DPP 1994
• C v DPP 1994