appeals - magistrates decisions

• What does this element explore regarding magistrates' decisions?

  The power to rectify mistakes in magistrates’ court decisions and appeals against those decisions.
• What is the first step if a defendant is unhappy with a magistrates' court decision?

  To consider whether the magistrates made an error they can correct.
• What does Section 142 of the Magistrates' Court Act 1980 allow magistrates to do?

  It allows them to vary a sentence or set aside a conviction if it is in the interests of justice.
• In what situations can the power to rectify mistakes be applied?

  It applies to sentences, other orders, and convictions following a guilty plea or conviction by magistrates.
• Why is the power to rectify mistakes considered narrow?

  It is not intended as an alternative avenue for defendants to re-argue their case.
• What does case law indicate about the power to rectify mistakes?

  It is a power to rectify mistakes in law and procedure, most likely to succeed when all parties agree a mistake was made.
• What is the difference between rectifying mistakes and appealing a magistrates' decision?

  Rectifying mistakes addresses errors made by magistrates, while appealing challenges the substantive merits of the decision.
• Who can make an application to rectify a mistake in magistrates' court decisions?

  The defendant usually makes the application, but the court can also amend on its own volition.
• What happens if a conviction is set aside?

  The case will be re-tried by a different bench of magistrates.
• Under what circumstances might a finding of guilt be set aside?

  When the legal adviser provided incorrect legal advice or if the defendant was tried in absentia without a valid explanation.
• What is the proper use of the power to vary a sentence?

  It is used when a sentence needs to be reduced, such as when a financial penalty exceeds the statutory maximum.
• What are the three means of challenging magistrates' court decisions?

  1. Appeal to the Crown Court, b) Appeal to the High Court by way of case stated, c) Application for judicial review.
• What is the role of the Crown Court in relation to magistrates' court appeals?

  The Crown Court hears appeals from the magistrates' court and Youth Courts.
• What should a defendant do if they believe the magistrates made an error of fact?

  They should appeal to the Crown Court.
• What is the significance of Section 108 of the Magistrates' Court Act 1980?

  It provides a right of appeal from the magistrates' court to the Crown Court.
• What is the time limit for lodging a notice of appeal to the Crown Court?

  15 business days from the sentence.
• What must be included in the notice of appeal?

  It must specify the conviction, sentence, order, or decision being appealed, summarize the issues, and list the parties served.
• What happens if the notice of appeal is served outside the 15 business day limit?

  It must be accompanied by an application for an extension of time with reasons for the delay.
• How does the appeal hearing process differ from the original trial?

  The appeal is by way of a re-hearing and is not limited to the evidence called during the trial.
• What is the procedure for applying for bail pending appeal?

  Bail can be applied for in the magistrates' court, and if refused, an appellant may apply for bail from the Crown Court.
• What happens if an appellant abandons their appeal?

  The Crown Court has no power to vary the magistrates’ decisions once the appeal is abandoned.
• What powers does the Crown Court have on appeal from the magistrates' court?

  It can confirm, reverse, or vary the decision appealed against, remit the matter to the magistrates, or make any other just order.
• What is the difference between a conviction appeal and a sentence appeal?

  A conviction appeal involves hearing evidence and giving reasons for the verdict, while a sentence appeal considers if the magistrates' sentence was correct.
• What can happen to costs in an appeal?

  A successful appellant may be awarded a defence costs order, while an unsuccessful appellant may have to pay the prosecution's costs.
• What is an appeal by way of case stated?

  It is an appeal to the High Court based on the assertion that the decision made was wrong in law or in excess of jurisdiction.
• What is the procedure for stating a case for the opinion of the High Court?

  The defendant applies to the magistrates’ court to state a case, which includes legal arguments and a summary of evidence.
• What is the main point regarding the appeal by way of case stated?

  Both the prosecution and defence can appeal by way of case stated after the final determination of proceedings in the magistrates' court.
• What is the deadline for lodging an appeal by way of case stated?

  The deadline is 21 days from the date of the decision sought to be appealed.
• What happens if a magistrate refuses to state a case?

  Magistrates can refuse to state a case if it is considered vexatious.
• What is the significance of judicial review?

  Judicial review allows the High Court to police inferior tribunals and public bodies for errors of law, excess of jurisdiction, and breaches of natural justice.
• What are the principal grounds for applying for judicial review?

  Error of law on the face of the records, excess of jurisdiction, and breach of natural justice.
• What is the time limit for lodging an application for judicial review?

  Applications must be lodged promptly and within three months after the grounds arose.
• What is the standard for judicial review when discretion is involved?

  The standard is 'Wednesbury unreasonableness'.
• What guidance did the court provide in R (P) v Liverpool City Magistrates regarding case stated and judicial review?

  Case stated is the normal route for misdirection or error of law, while judicial review is more appropriate for issues of fact or allegations of unfairness.
• What are the key points explored in this element regarding magistrates' court decisions?

  • The power to rectify mistakes in magistrates' court decisions.
  • Appeals against decisions of the magistrates' court to:
  • The Crown Court for errors of fact or mixed fact and law.
  • The High Court by way of case stated for errors of law or excess of jurisdiction.
  • The High Court for judicial review for allegations of unfairness, bias, or procedural irregularity.
• What is the structure of the criminal courts in relation to magistrates' court appeals?

  1. Magistrates' Court

  • First hearing for defendants over 18.
  • May try summary and either-way matters.

  1. Crown Court

  • Trial court for indictable matters.
  • Appeal court for magistrates' court decisions.

  1. High Court

  • Hears appeals by way of case stated and judicial review.

  1. Youth Court

  • First hearing for defendants under 18.
  • Appeals to Crown Court and High Court.
• What are the powers of the Crown Court on appeal from the magistrates' court?

  • Confirm, reverse, or vary the decision appealed against.
  • Remit the matter with its opinion to the magistrates.
  • Make any other order which the court thinks is just, exercising only the powers the magistrates could have.
• What are the main points regarding the appeal by way of case stated?

  • Appeals can be made by both prosecution and defence.
  • Must be after final determination of proceedings.
  • Deadline is 21 days from the decision.
  • Magistrates can refuse to state a case if vexatious.
  • Powers of the Divisional Court include reversing, affirming, or amending decisions.
• What are the key points regarding judicial review?

  • Polices inferior tribunals and public bodies.
  • Grounds include error of law, excess of jurisdiction, and breach of natural justice.
  • Must be lodged within three months after grounds arose.
  • Only the High Court can grant bail for judicial review applications.
• What guidance is provided regarding the choice between case stated and judicial review?

  • Case stated is for misdirection or error of law.
  • Judicial review is for issues of fact or allegations of unfairness.
  • Avoid judicial review to evade time limits of case stated.