Explain and evaluate the different ways in which she may appeal against these decisions.
Routes of Appeal
The appeals system provides a route for challenging the decisions of the lower courts and has
two basic functions. Firstly, to review potentially unjust or incorrect decisions which make a
conviction ‘unsafe’. This would usually arise through the erroneous application of the law or
procedure. Secondly, to promote a consistent development of the law. Lower courts are bound
by precedent and appellate courts will often select certain cases to clarify the correct approach
to a certain area of law.
Appeal to the crown court
The defendant may appeal to the Crown Court. If the defendant has entered a plea of guilty,
they may only appeal against the sentence. An appeal has to be made within 21 days of
sentence and permission is not required since a defendant can appeal based on right. These
appeals are heard by a circuit judge or recorder sitting with two magistrates. The circuit judge
has the casting vote and determines the application of law when the court is equally divided.
Under s.48 of the Senior Courts Act 1981, the Crown Court can either confirm, reverse, vary
and substitute its own decision and remit it to the Magistrates Court. The crown court also has
the power to increase the sentence of the offender, even if only the conviction is appealed, not
the sentence. Therefore, the defendant is taking that risk if she wishes to appeal to the Crown
Court.
Appeal to the high court
Alternatively, the defendant or the prosecution may also appeal to the High Court by way of
case stated, the sitting is known as a Divisional Court. This route is used when the magistrates
are said to be wrong in law or acting in excess of their jurisdiction. Once an application to state
a case to the High Court is made, the defendant’s right to appeal to the Crown Court is lost. The
High Court may reverse, affirm or amend the determination in respect of which the case has
been stated and it may remit the matter to the magistrates’ court, with the opinion of the High
Court, and may make any such order in relation to the matter as it thinks fit. However, the
magistrates can refuse to state a case if they feel that the application is frivolous but they must
inform the defendant why they have reached this conclusion.
Applying to QBD for Judicial review (only write when the case does not involve theft)
The defendant or prosecution who applies to the High Court for a judicial review of the
proceedings becomes a claimant. This route is available to either party, where it is believed that
the lower court has either acted unreasonably, ultra vires, or irrationally by applying the law in an
impermissible manner. Either party may apply only on those grounds for a judicial review. The
High Court has similar powers to those it has upon appeal by way of case stated. This route of
appeal is mainly used when there has been unfairness in the way the trial has been conducted
in the Magistrates’.
Other routes of appeal
Routes of Appeal
The appeals system provides a route for challenging the decisions of the lower courts and has
two basic functions. Firstly, to review potentially unjust or incorrect decisions which make a
conviction ‘unsafe’. This would usually arise through the erroneous application of the law or
procedure. Secondly, to promote a consistent development of the law. Lower courts are bound
by precedent and appellate courts will often select certain cases to clarify the correct approach
to a certain area of law.
Appeal to the crown court
The defendant may appeal to the Crown Court. If the defendant has entered a plea of guilty,
they may only appeal against the sentence. An appeal has to be made within 21 days of
sentence and permission is not required since a defendant can appeal based on right. These
appeals are heard by a circuit judge or recorder sitting with two magistrates. The circuit judge
has the casting vote and determines the application of law when the court is equally divided.
Under s.48 of the Senior Courts Act 1981, the Crown Court can either confirm, reverse, vary
and substitute its own decision and remit it to the Magistrates Court. The crown court also has
the power to increase the sentence of the offender, even if only the conviction is appealed, not
the sentence. Therefore, the defendant is taking that risk if she wishes to appeal to the Crown
Court.
Appeal to the high court
Alternatively, the defendant or the prosecution may also appeal to the High Court by way of
case stated, the sitting is known as a Divisional Court. This route is used when the magistrates
are said to be wrong in law or acting in excess of their jurisdiction. Once an application to state
a case to the High Court is made, the defendant’s right to appeal to the Crown Court is lost. The
High Court may reverse, affirm or amend the determination in respect of which the case has
been stated and it may remit the matter to the magistrates’ court, with the opinion of the High
Court, and may make any such order in relation to the matter as it thinks fit. However, the
magistrates can refuse to state a case if they feel that the application is frivolous but they must
inform the defendant why they have reached this conclusion.
Applying to QBD for Judicial review (only write when the case does not involve theft)
The defendant or prosecution who applies to the High Court for a judicial review of the
proceedings becomes a claimant. This route is available to either party, where it is believed that
the lower court has either acted unreasonably, ultra vires, or irrationally by applying the law in an
impermissible manner. Either party may apply only on those grounds for a judicial review. The
High Court has similar powers to those it has upon appeal by way of case stated. This route of
appeal is mainly used when there has been unfairness in the way the trial has been conducted
in the Magistrates’.
Other routes of appeal
