Criminal Appeal Routes !

Appeals from the Magistrates’ Court

• The appeal rights of the defendant and the prosecution are completely different. Originally only the defendant had a right of appeal, but in the last 20 years, various right have been given to the prosecution.

• The appeal routes from the Magistrates’ Court are totally different to appeals from the Crown Court. The appeal route from the Magistrates’ Court will depend on whether the appeal is only on a point of law, or for other reasons. The two appeal routes are to the Crown Court or to the Queen’s Bench Divisional Court.

Appeals to the Crown Court

• This is the normal route of appeal and is only available to the defence. If the defendant pleaded guilty, the only appeal he can make, is against sentence. If the defendant pleaded not guilty and was convicted, he can appeal against the conviction and or sentence. The defendant always has a right of appeal and does not need permission to appeal.

• At the Crown Court, the case is re-heard by a judge and two magistrates. They can come to the same decision and confirm the conviction, or they can decide that the case is not proved and reverse the decision. In some cases, it is possible for them to vary the decision and find the defendant guilty of a lesser sentence.

• Where the appeal is against sentence, the Crown Court can confirm the sentence or they can increase or decrease it. However, any increase can only be up to the Magistrates’ maximum power for the case.

Criminal Appeal routes 2006

Magistrates’ Court

Following summary trial before 3 lay magistrates or a District Judge.

Defence can appeal against conviction if the plead was not guilty and against sentence what ever the plea.

Crown Court

Heard by a Circuit Judge or a Recorder sitting with 2 lay magistrates. If appeal against conviction, a complete rehearing will take place.

Prosecution or defence can appeal by way of ‘case stated’ if they think the decision was wrong in law or in excess of jurisdiction.

High Court (Queen’s Bench Divisional)

Appeals are heard by 2 or 3 judges. This is not a retrial. Judges read through all documents and listen to the counsel’s arguments. Court can affirm, reverse or amend the decision under appeal.

House of Lords

Appeals are heard by 5 or 7 Lords of Appeal in Ordinary. This is not a retrial. The House exercises the same powers as the Court of Appeal.

Prosecution or defence can appeal on point of law of general public importance with permission of the QBD or House of Lords