Appeals from the magistrates' court to the crown court

• Who can appeal from the magistrate's court to the crown court?

  This appeal is only available to the defense
• What happens if the defendant plead guilty at the magistrate's court?

  An appeal can be made against the sentence.
• What can the crown court do to a sentence that is appealed from the magistrate's court?

  The crown court can confirm, increase or decrease the sentence. If they increase the sentence, it cannot go above the maximum punishment that can be made in the magistrate's court.
• What is the maximum punishment a magistrate can give in the magistrate's court?

  6 months in prison, or unlimited fines
• What happens if the defendant plead not guilty and was convicted?

  An appeal can be made agaisnt the conviction and/or the sentencing
• Who hears the appeal hearing of sentencing and conviction?

  In the crown court, judge sitting with two lay people. They will hold a complete rehearing of the case including any evidence that wasnt available in the Magistrate's court.
• What can judges in the crown court who hear appeals of sentencing and convictions do to them?

  Confirm or vary the sentence and/or sentence. They can also find the defendant guilty of a lesser crime.
• What is a case-stated appeal?

  Case-stated appeals are apeals made on a point of law that go to the King's Bench division of the High court. This is done directly from the Magistrate's court or following an appeal in the Crown Court.
• Who can make a case-stated appeal?

  Both the prosecution or defence.
• In a case-stated appeal, what do magistrates/crown court do?

  They are asked to state tge case by setting out their findings of fact and their decision. Thus, the appeal is argued on the basis of what the law is on those facts; no witnesses are called.
• Who hears case-stated appeals?

  A panel of 2-3 judges
• How do the judges in a case-stated appeal approach the case?

  They will assume that the magistrates made a misinterpratation of the law and came to a wrong decision as such.
• What can the judges do to the sentencing/conviction in a case-stated appeal?

  Modify or confirm the sentencing and/or conviction or they can send the case back to the magistrate's to implement the judge's decisions on the law.
• what can the court of appeals do?

  Allow the defendant's appeal and quash a conviction

  Vary the conviction

  Decrease or increase any sentence imposed

  Dismiss the appeal

  Order a retrial with a new jury
• What can the defendant appeal, and where to?

  They can appeal their conviction and/or sentence to the criminal division of the court of appeal.
• Which legislation says that the defendant must aquire permission to appeal to the court of appeal, and why?

  The criminal appeal act 1995 says this so that cases without merit are filtered out to save the court time.
• What did the criminal appeal act 1995 do?

  It simplified the grounds under which the court can allow an appeal.
• What does the Criminal appeal act 1995 state that the court of appeal can allow?

  " The court of appeal shall allow an appeal against a conviction if they think that the conviction is unsafe; and shall dismiss such an appeal in any other case. "
• What is meant by an unsafe conviction?

  A wrongful conviction or a conviction based on insufficient evidence.
• What is the criteria that allows a defendant to bring forth new evidence?

  It must appear to be capable of belief and afford a ground for appeal

  It has to be considered whether it would have beem admissible at the trial and why it wasnt produced at that trial.
• What is the critera that allows the prosecution to appeal against an aquittal?

  If the jury was nobbled

  If there is new evidence that proves the Accused's guilt
• What is meant by the nobbling of a jury?

  Tampering or influencing a jury in order to manipulate the outcome of a trial.
• What does the criminal justice act state about retrialing an acquited individual?

  It must be done in the interest of the general public. There are 30 serious offences where this is available.
• Who has to consent for a case to be re opened?

  The director of public prosecutions
• Under which section of the criminal justice act 1972 can the attorney general refer a point of law to the court of appeal in order to get a ruling on the law?

  Section 36
• what does section 36 of the criminal justice act 1972 say?

  The attorney general can refer a point of law to the court of appeal to get a ruling on the law. The decision of the court of appeal on that point of law does not affect the acquittal however it creates a precedent for any future cases involving the same point of law.