Appeals from Magistrates' Court
The appeal from magistrates' court to crown court is a crucial part of the criminal justice system in the UK. This process allows defendants to challenge decisions made in lower courts.
When appealing from the Magistrates' Court, defendants have two main options depending on their initial plea. Those who pleaded guilty can only appeal against their sentence, while those who pleaded not guilty but were convicted can appeal both the conviction and sentence.
Highlight: No leave of court is required for appeals from Magistrates' Court to Crown Court, making it an automatic right for defendants.
The Crown Court rehearing involves a judge and two magistrates who review the entire case. They have the power to confirm, reverse, or vary the sentence, but are limited to the Magistrates' Court's sentencing powers.
Example: If a defendant was fined £5,000 in the Magistrates' Court, the Crown Court could reduce this fine on appeal, but couldn't impose a prison sentence.
For appeals on points of law, both prosecution and defense can initiate a case stated appeal to the High Court Queen′sBenchDivision. This is typically used when a legal mistake has led to an incorrect decision.
Vocabulary: Case stated appeal - A procedure where a lower court states the facts of a case for a higher court to decide on a point of law.
The High Court judge can confirm, vary, or reverse the decision, or send it back to the magistrates for reconsideration.
Definition: Leave of court - Permission from the court to proceed with certain legal actions, including some types of appeals.
