Appeals

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  • Appeals to the Crown Court is the normal route of appeal from the Magistrates Court
    • This is only available for the defence
      • If the defendant pleaded guilty at the Magistrates Court, then they can only appeal against sentence
        • If the defendant pleaded guilty and was convicted may appeal against conviction and / or sentence
          • The case will be completely re-heard by a judge and two Magistrates
            • They may confirm the conviction, reverse the decision and find the defendant not guilty, or may vary the conviction and find the defendant guilty of a lesser sentence
              • The sentence may be confirmed, increased only to the Magistrates max. Or decreased
    • Appeals from the Magistrates court
      • A case stated appeal goes to the administrative court
        • Both the prosecution and the defence can use this route
          • The is route may only be used by the defendant against a conviction or by the prosecution against an acquittal on a point of law only
            • Court may confirm, vary or reverse the decision or send the case back to the Magistrates court for them to apply the interpretation of the law
              • Both the defence and the prosecution can appeal further to the Supreme Court (from the Queen’s bench division) on a point of law of general public importance
                • Permission (leave) must be granted by the Supreme Court or Queen’s Bench Division - it is rarely used

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