appeals

• an appeal is a formal request from a higher court to review the decision/ procedure of a lower court.

  magistrates there are 2 routes of appeal
• appeals against conviction and/ or sentence

  • if D pleads guilty - right of appeal against sentence and/ or conviction
  • if d pleads not guilty - only against sentence
  • takes place as a 'trial de novo' - complete re-hearing
  • outcome - vary the original decision/ confirm it, increase or decrease the sentence
  • if D is not satisfied with the outcome, further appeal can be requested for the crown court to ' state a case' for the opinion of the KBD
• appeals by way of 'case stated'

  • appeal on the grounds that the magistrates decision was wrong in law/ exceeded their jurisdiction
  • available to both defense and prosecution
  • no re-hearing in KBD, magistrates simply 'state the case' in writing and the KBD make a decision based on those documents
  • outcome - alter/confirm decision
  • if the outcome is unsatisfactory - further appeal from the KBD to the supreme court but must be on a point of ;aw of general importance - C v DPP - doli incapax