- Option 1 - Summary or Triable Offences
These cases begin at the Magistrates Court
If the Defendant pleads Guilty he can only appeal on his sentence. If the Defendant pleads Not Guilty they can appeal on thier sentence or convition (or both)
1st route: To the Crown Court
- Here, there is a hearing before a Circuit Judge and 2 new magistrates.
- Corwn court re-hears the facts of the case only
- They can either Quash the sentence but can only re-sentence to the maximum of the Magistrates Court.
- Cases can be appealed from here to the Court of Appeal or Supreme Court
2nd route: Queens Bench Divisional Court
- Cases here are taken on a Case Stated POINT OF LAW (the definition of a point used) or on JUDICIAL REVIEW (the reveiw of the procedure when the court geos beyond thier powers)
- Cases are heard before 2 or 3 High Court Judges
- Further Appeals from the Queens Bench can be taken to the Supreme Court but are very rare.
Summary Offences are only those which can be heard in a Magistrates Court. EG: Assault or Battery.
If the defendant pleads Guilty then he/she can only appeal on their sentence, however, if they plead not guilty they can appeal on their sentence or conviction (or both)
The first route an appeal can take is to the Crown Court where the facts of the case (only) will be reheard by a Circuit Judge and 2 new magistrates. The Crown…