Appeals procedure - Powers of the Crown Court on appeal

Learning Outcomes

After studying this article, you will be able to explain the appellate powers of the Crown Court when hearing appeals from the magistrates’ court, including the scope of rehearing, the ability to confirm, reverse, or vary convictions and sentences, and the rules on admitting new evidence. You will also understand the limits of these powers, procedural requirements, and the practical impact for SQE1 criminal litigation.

SQE1 Syllabus

For SQE1, you are required to understand the appeals procedure from the magistrates’ court to the Crown Court, focusing on the Crown Court’s powers on appeal. In your revision, pay particular attention to:

• the scope of the Crown Court’s powers when hearing appeals from the magistrates’ court
• the process and effect of a rehearing on appeal
• the ability to confirm, reverse, or vary convictions and sentences
• the rules on admitting fresh evidence on appeal
• the limits of the Crown Court’s sentencing powers on appeal
• the procedural requirements for appeals to the Crown Court

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What are the main powers of the Crown Court when hearing an appeal from the magistrates’ court?
2. Can the Crown Court impose a sentence greater than the magistrates’ court could have imposed on appeal?
3. In what circumstances can the Crown Court admit new evidence on appeal?
4. What is the effect of a rehearing in the Crown Court on an appeal against conviction?

Introduction

Appeals from the magistrates’ court to the Crown Court are a key safeguard in the criminal justice system of England and Wales. The Crown Court has broad powers to review decisions of the magistrates’ court, ensuring that errors of law or fact can be corrected and that sentences are fair and proportionate. For SQE1, you must know the scope of these powers, the procedures involved, and the limits on what the Crown Court can do on appeal.

Appeals from the Magistrates’ Court to the Crown Court

When a defendant is convicted or sentenced in the magistrates’ court, they have a right to appeal to the Crown Court. The appeal is usually against conviction, sentence, or both. The Crown Court’s role is not limited to reviewing the magistrates’ decision for errors; instead, it conducts a full rehearing of the case.

Key Term: rehearing A rehearing means the Crown Court hears the case afresh, considering all the evidence again and making its own findings of fact and law.

Powers of the Crown Court on Appeal

The Crown Court’s powers on appeal are set out in statute and practice. When hearing an appeal from the magistrates’ court, the Crown Court may:

• confirm (affirm) the conviction or sentence
• reverse (quash) the conviction or sentence
• vary the conviction or sentence (for example, substitute a conviction for a lesser offence or reduce the sentence)
• order a retrial in rare cases

Key Term: confirm, reverse, or vary The Crown Court may uphold the original decision, overturn it, or change it to a different outcome within its powers.

Scope of the Rehearing

The appeal is a complete rehearing. The Crown Court is not restricted to the evidence or arguments presented in the magistrates’ court. Both parties may call new evidence or witnesses, subject to the court’s discretion. The Crown Court judge and two magistrates (who did not hear the original case) usually sit together to decide the appeal.

Admitting Fresh Evidence

The Crown Court may allow new evidence to be introduced on appeal if it is relevant and there is a good reason why it was not presented at the original trial. The court will consider whether the evidence is credible, admissible, and whether it could have affected the outcome.

Key Term: fresh evidence Evidence not presented at the original trial, but which the Crown Court may allow to be admitted on appeal if it is relevant and there is a reasonable explanation for its earlier absence.

Sentencing Powers on Appeal

When hearing an appeal against sentence, the Crown Court may:

• confirm the sentence
• reduce the sentence
• increase the sentence (but not beyond the maximum the magistrates’ court could have imposed)

The Crown Court cannot impose a sentence that is outside the magistrates’ powers for the offence in question. The court must also follow the Sentencing Guidelines and consider any aggravating or mitigating factors.

Worked Example 1.1

A defendant is convicted in the magistrates’ court of theft and sentenced to 12 weeks’ custody. On appeal, the Crown Court finds that the magistrates did not consider the defendant’s personal mitigation. What can the Crown Court do?

Answer: The Crown Court may reduce the sentence to reflect the mitigation, but cannot impose a sentence greater than the magistrates’ powers for theft. It may also confirm the sentence if it considers it appropriate.

Limits on the Crown Court’s Powers

The Crown Court’s powers on appeal are not unlimited. Key limits include:

• The sentence on appeal cannot exceed the maximum the magistrates’ court could have imposed.
• The Crown Court cannot convict the defendant of a more serious offence than the one charged.
• If the appeal is only against sentence, the conviction cannot be altered.

Exam Warning

The Crown Court may increase a sentence on appeal, but only up to the magistrates’ maximum. If the court is considering an increase, it must warn the appellant, who may then withdraw the appeal.

Procedure for Appeals to the Crown Court

To appeal, the defendant must file a notice of appeal within 15 business days of sentence (not conviction). The appeal is a full rehearing, not a review. The prosecution does not have a general right to appeal to the Crown Court against acquittal or sentence in the magistrates’ court.

Worked Example 1.2

A defendant is convicted of assault in the magistrates’ court and appeals to the Crown Court. At the appeal, the defendant calls a new witness who provides an alibi. The Crown Court finds the evidence credible and allows the appeal. What is the outcome?

Answer: The Crown Court will quash the conviction and substitute an acquittal, as the new evidence shows the conviction is unsafe.

Further Appeals and Case Stated

If a party believes the Crown Court made an error of law, they may apply for an appeal by way of case stated to the High Court (Divisional Court). This is only available on a point of law or jurisdiction, not on the facts.

Key Term: appeal by way of case stated An appeal to the High Court on a point of law arising from the Crown Court’s decision on appeal from the magistrates’ court.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• The Crown Court hears appeals from the magistrates’ court by way of a full rehearing.
• The Crown Court may confirm, reverse, or vary the conviction or sentence.
• The Crown Court may admit fresh evidence if there is a good reason.
• The Crown Court cannot impose a sentence greater than the magistrates’ maximum.
• Appeals must be filed within 15 business days of sentence.
• Further appeal on a point of law is by case stated to the High Court.

Key Terms and Concepts

• rehearing
• confirm, reverse, or vary
• fresh evidence
• appeal by way of case stated