Appeals from the magistrate to crown court

Cards (4)

  • Appeals from the magistrate court to the crown court are only available to the defence
  • If the defendant pleads guilty at the magistrate court then their appeal can only be made on the sentence. The crown court can increase, confirm, or decrease it.
  • Any increase to the defendant's sentence can only be up to the maximum power of the magistrate in the case.
  • if the defendant plead not guilty and was convicted, the appeal can be made against the conviction and/or the sentence. the crown court, consisting of a single judge and 2 lay magistrates, will hold a complete rehearsal of the case, including any evidence that wasn't available in the magistrates' court. they can confirm or vary the conviction, and/or sentence, or find the defendant guilty of a lesser sentence.