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Alastair Hutton

Criminal Appeals!!

Normal Appeal Route ­ Defence only

Magistrates' Court

Crown Court
Can appeal against a conviction and/or a sentence
Nature of the hearing is a complete rehearing
It is heard by a Judge and 2 Magistrates
Possible outcomes include:
1. vary decision
2. confirm decision
3. decrease…

Page 2

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Alastair Hutton

Case Stated Appeal ­ Defence or Prosecution

Magistrates' Court

Divisional Court of Queen's Bench
Nature of appeal is on a point of law only
It is heard by 23 High Court Judges
Possible outcomes include:
1. confirm decision
2. vary decision
3. reverse decision
4. remit back to…


Smith E


Short but accurate and up to date (note Supreme Court and not the House of Lords). I think a flowchart is the most effective way of learning the appeal process and something as straightforward as this can secure you strong marks when applied in a question.

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