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Appeal routes from Magistrates Court

Defence appeals to Crown Court:

  • Defendant may appeal aginst conviction, sentence or both if their original plea was not guilty
  • Defendant may only appeal against sentence if original plea was guilty
  • No need for leave (permission) - automatic right of appeal
  • Case will be re-heard by a judge and 2 magistrates
  • May confirm conviction, reverse decision and aquit defendant or vary conviction and find defendant guilty of lesser offence
  • Sentences may be confirmed, increased (only to magistrates' maximum) or decreased
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Appeal routes from Magistrates Court

Defence appeals by way of case stated to QBD Court against conviction on point of law 

  • Case stated=the facts are agreed beforehand and given as a statement to the court. Case not re-heard in full
  • May be directly from Magistrates or after appeal in Crown Court
  • Only available for an appeal against conviction
  • Court may confirm, vary or reverse decision or send case back to Magistrates' Court for them to apply the interpretation of the law
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Appeal routes from Magistrates Court

Prosecution appeal to the QBD against acquittal on a point of law only

  • Case stated appeal
  • QBD can quash the decision, confirm it or send it back to the Magistrates' Court for a re-hearing
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Appeal routes from Magistrates Court

Further appeal to the Supreme Court (House of Lords)

  • Both defence and prosecution can appeal further to Supreme Court (from QBD) on point of law of general public importance
  • Permission (leave) must be granted by the Supreme Court or QBD- rarley used
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