Mags Power to Rectify Their Own Mistakes (Reconsidering)
Setting aside conviction:
Error in law or defect in procedure that, lead to conviction. If set-aside will be
reheard before new bench.
Varying Sentence:
Where in interest of justice to do so – e.g. court was misled to believe a
sentence was appropriate. Only varied upwards in exceptional circumstances.
Can’t be done if D acquitted.
Note - In both instances power rarely used/only in limited circumstances.
General Right of Appeal from the Mags
Grounds for Appeal – Can be appeal on conviction (circumstances limited if GP) or
sentence – includes issues of admissibility, procedure, point of law etc.
Modes of Challenge – Three ways to challenge Mags’ decision:
1. Appeal to CC;
2. Appeal to HC by way of case stated (Divisional Court);
3. Judicial Review in HC.
Appeals to the Crown Court
Only available to D.
Judge: Heard by Circuit Judge/Recorder and two magistrates. Mags can’t outvote the
judge.
How: File Notice to Appeal (State grounds for appeal, witness to be questioned,
estimated length, whether Mags asked to reconsider)
Setting aside conviction:
Error in law or defect in procedure that, lead to conviction. If set-aside will be
reheard before new bench.
Varying Sentence:
Where in interest of justice to do so – e.g. court was misled to believe a
sentence was appropriate. Only varied upwards in exceptional circumstances.
Can’t be done if D acquitted.
Note - In both instances power rarely used/only in limited circumstances.
General Right of Appeal from the Mags
Grounds for Appeal – Can be appeal on conviction (circumstances limited if GP) or
sentence – includes issues of admissibility, procedure, point of law etc.
Modes of Challenge – Three ways to challenge Mags’ decision:
1. Appeal to CC;
2. Appeal to HC by way of case stated (Divisional Court);
3. Judicial Review in HC.
Appeals to the Crown Court
Only available to D.
Judge: Heard by Circuit Judge/Recorder and two magistrates. Mags can’t outvote the
judge.
How: File Notice to Appeal (State grounds for appeal, witness to be questioned,
estimated length, whether Mags asked to reconsider)
