Appeals procedure - Appeals from the magistrates' court to Crown Court

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Overview

Appealing decisions from magistrates' courts to the Crown Court is an integral part of the English criminal justice system, ensuring fairness and the right to challenge decisions. For SQE1 FLK2 exam candidates, understanding this process is essential, as it relates to crucial principles of criminal law, procedure, and evidence. This guide explores the legal framework, grounds for appeal, filing procedures, and the Crown Court's powers, along with relevant case law and statutory provisions to aid exam success.

Legal Framework

The appeals process is primarily guided by two major legislative acts:

  1. Magistrates' Courts Act 1980 (MCA 1980): Establishes the right of appeal against conviction or sentence under Section 108.

  2. Criminal Procedure Rules (CrimPR): Part 34 outlines procedural requirements for appeals, including time limits and notice requirements.

Additionally, the Criminal Appeal Act 1968 offers insight into the wider context of criminal appeals, especially those from the Crown Court to higher courts.

Grounds for Appeal

Appeals can be made on two main grounds:

1. Appeal Against Conviction

  • Challenges the validity of a guilty verdict
  • Crown Court conducts a complete rehearing (Section 79(3) MCA 1980)
  • Re-examine existing evidence and introduce new evidence
  • Conviction must be deemed unsafe to be overturned (R v Cairns [2013] EWCA Crim 467)

2. Appeal Against Sentence

  • Questions the severity or appropriateness of the sentence
  • Crown Court may reduce, increase (within limits), or change the sentence type
  • Sentencing guidelines and principles are reconsidered (R v Thorsby [2015] EWCA Crim 1)

Filing the Appeal

Procedures are strictly enforced:

  1. Time Limit: 21 days after conviction, sentence, or order (Rule 34.2 CrimPR)

  2. Notice Requirements:

    • Indicate whether the appeal is against conviction, sentence, or both
    • State grounds of appeal
    • Include any request to introduce new evidence

  3. Service: Notice must be served on the Crown Court office, magistrates' court office, and the prosecutor

Non-compliance can lead to the appeal being dismissed, although the Crown Court has discretion to permit late appeals in the interest of justice (Section 108(2) MCA 1980).

Powers of the Crown Court on Appeal

Appeals Against Conviction

  • Conducts a full rehearing (Section 79(3) MCA 1980)
  • May consider new evidence
  • Can affirm, overturn, or order a retrial
  • Reaches an independent conclusion on the evidence (R v Brentford Justices, ex parte Wong [1981] QB 445)

Appeals Against Sentence

  • Undertakes fresh consideration of sentencing
  • Can confirm, adjust, or remit the case
  • Adheres to maximum sentences available to magistrates' courts
  • Avoids increasing sentences except under extraordinary circumstances (R v Llewellyn [1978] 1 WLR 833)

Case Studies

Appeal Against Conviction: New Evidence

Scenario: John appeals his ABH conviction based on new CCTV footage contradicting eyewitness accounts.

Key Points:

  • Crown Court reviews both original and new evidence
  • Applies R v Pendleton [2001] UKHL 66 principle: whether new evidence could have changed the original verdict
  • If new evidence questions the safety of the conviction, it should be overturned

Appeal Against Sentence: Multiple Offences

Scenario: Sarah appeals a 6-month sentence for theft and drug possession, deeming it excessive.

Key Points:

  • Crown Court re-evaluates the sentence applying guidelines (R v Gould [2021] EWCA Crim 447)
  • Uses the totality principle for multiple offences (R v Foy [2020] EWCA Crim 270)
  • Can reduce the sentence if deemed excessive, usually avoiding increases (R v Llewellyn)

Conclusion

Understanding the appeals process from magistrates' courts to the Crown Court is vital for SQE1 FLK2 exam success. Key elements to focus on include:

  1. Legal framework (MCA 1980 and CrimPR)
  2. Grounds for appeal (conviction and sentence)
  3. Filing procedures for appeals
  4. Crown Court's authority in rehearing cases and reassessing sentences
  5. Application of relevant case law to various scenarios

Candidates should practice analyzing complex scenarios, applying statutory provisions, and integrating applicable case law to demonstrate a thorough comprehension of this area in the English criminal justice system.