Summary Criminal Litigation - Appeal from the magistrates’ courts and from the Crown Court in its appellate capacity
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Course
Bar Practice Course
Institution
University Of Law (ULaw)
1. the power of the magistrates to rectify mistakes
2. the general right of appeal from the magistrates’ court to the Crown Court
3. the procedure in the Crown Court for dealing with the appeal
4. the powers of the Crown Court on appeal, including the power to increase sentence
5. appeal to t...
Syllabus 27: Appeal from the magistrates’ courts and from the Crown Court in its appellate
capacity
1. Setting aside a conviction for rehearsing before differently constituted bench (power to
rectify mistakes)
[D22.72]
s.142(2) enables an accused who was convicted in a MC to ask the magistrates to set the conviction
aside:
- can be considered by same magistrates who convicted accused or different bench
If conviction is set aside, case is reheard by different magistrates’ from whose who convicted.
Application is appropriate if:
- Error of law
- Some defect in the procedure which led to the conviction
Application can be made by:
- A party
- Own initiative of court
- Court must not exercise power in the absence of a party unless the court makes a decision
proposed by that party or the party has agreed in writing to the decision or party has had
opportunity to make representations.
, Does not enable a convicted accused to make further submissions with a view to persuading the bench
to change its mind and substitute a NG verdict.
2. Variation of sentence under the Magistrates’ Court Act 1980, s.142
[D23.23, D23.24]
s.142(1) = allow magistrates court to vary or rescind its decision as to sentence if it is in the interest of
justice to do so. The magistrates can re-open the case regardless of whether the accused pleaded guilty
or was found guilty. Cannot operate where accused was acquitted.
Can be used to increase sentence only in exceptional circumstances.
3. Routes of challenge of decisions of MC
[D29.1, D29.3, D29.6, D29.7, D29.10, D29.13 ]
3 means to challenge a decision:
(a) Appeal to CC
If offender pleaded G in MC = can appeal against conviction and sentence to CC
(b) Appeal to HC by way of case stated
(c) Application to HC for Judicial Review.
For both (b) and (c) = If party in MC is aggrieved at the outcome of proceedings.
➢ Appeal against conviction and sentence
s.108 MCA 1980: Appeals to Crown Court
➢ Procedure on Appeal to the Crown Court
Notice of appeal given in writing to relevant MC officer and every party within 15 business days of
sentence being passed or sentence being deferred.
Notice should state:
- whether the appeal is conviction or sentence or an order or failure to make an order.
- Summarise the issues
- Appeal against conviction must specify the witnesses whom the appellant wishes to question
and state how long trial lasted in MC and how long appeal likely to take.
- In appeal against finding that the A insulted someone or interrupted proceedings, the MC
written findings of fact and A’s response must be attached.
- Must stipulate whether the A has asked the MC to reconsider the case
- ID all those upon whom the notice has been served.
Notice can be presented orally.
No leave to appeal is required if not out of time. Otherwise, application for extension of time must be
served and must explain why appeal is late.
Appeal is heard by a circuit judge or recorded who sit with 2 lay magistrates.
Under s.79(3), appeal proceeds by way of complete rehearing.
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