Appeals for Mags Essay Model Answer

• There are various appeal courts in the criminal justice system when there is a disagreement with the decision from the Court of First Instance to try and get it changed at a higher Court.
• At the Crown Court, the appeal is completely reheard by 2 lay magistrates and a circuit judge who will confirm (agree) the original decision, reverse it or vary it. If the appeal is against sentence then it could be increased (to magistrates maximum powers in the case) or decrease it.
• If the case was first tried at the Magistrates Court (summary offences or triable-either-way offences where Magistrates have accepted jurisdiction and the defendant has elected trial at the Magistrates Court), the defence can appeal from the Magistrates to the Crown Court against sentence and/or conviction. This is an automatic right and is when the defendant disagrees with the guilty verdict or believes the sentence is too harsh. If the defendant initially pleaded guilty, then an appeal can only be against their sentence.
• In some circumstances, there is a possible appeal to the King's Bench Division in the High Court on a point of law (where it is felt that the Magistrates made an error about the law). Both the crown and the defence can appeal to the KBD court on a point of law by way of case stated to a either one or a panel of high court judges. The Magistrates will state why they reached that decision and then the prosecution and defence will state what the law is on that issue.
• The High Court judges will either confirm, vary, reverse, or even remit the decision (where the KBD send the case back to the Magistrates Court to ask them to implement the decision on the law).
• Further appeals are limited to the Supreme Court and can only be made if the Divisional Court certifies that a point of law of general public importance is involved and if leave to appeal (permission) is given by either the Divisional Court or Supreme Court because the point of law is one which ought to be considered by the Supreme Court.