Published: Wed, 07 Mar 2018
Appeal from the Magistrates Court
Reopening the case 142 MCA 1980: on conviction the defendant can ask the magistrates to set the conviction aside. The court would have to see if this is in the interests of Justice. Usually the trial will be reopened to correct an obvious mistake that occurred during the trial.
Appeal to the Crown Court s108 Magistrates Court Act 1980 : the defendant can appeal against conviction and or sentence and the costs can be met under a representation order. The defendant should appeal within 21 days of conviction or sentence and the appeal will be held in the Crown Court in the form of a rehearing where the crown court can confirm or reverse the magistrates’ decision. If the appeal fails the Crown court can impose whatever penalty the magistrates would have ordered and it may be that the defendant incurs a harsher penalty.
Appeal by way of case stated: The defendant will appeal to the Divisional Court if the magistrates made an error of law or acted outside their jurisdiction. The Divisional court can confirm or reverse the magistrates’ decision.
Judicial Review Part 54 CPR: An application can be made to the Divisional court where a public body acted irrationally, illegally or did not follow the correct procedure. The court may make a mandatory prohibition or quashing order.
Appeal from the Crown Court
The defendant can appeal to the Court of Appeal against conviction or sentence. Leave must be obtained form the trial judge or Court of Appeal and an appeal against conviction will only be allowed if the conviction is unsafe according to s 2(1) (a) CAA 1968. If the conviction is held to be unsafe the court may quash the conviction order an acquittal or retrial, find the appellant guilty allow part of the appeal or dismiss the appeal.
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