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

Learning Outcomes

After studying this article, you will be able to explain the right of appeal from the magistrates’ court to the Crown Court, identify the grounds and procedure for such appeals, describe the relevant time limits and notice requirements, and outline the powers of the Crown Court on appeal. You will also be able to apply these principles to SQE1-style scenarios and avoid common pitfalls in this area.

SQE1 Syllabus

For SQE1, you are required to understand the appeals process from the magistrates’ court to the Crown Court, including the practical steps, legal grounds, and procedural requirements. In your revision, focus on:

• the statutory right of appeal from the magistrates’ court to the Crown Court
• the grounds for appeal (conviction and/or sentence)
• the time limits and notice requirements for lodging an appeal
• the procedure for filing and serving appeal documents
• the scope of the Crown Court’s powers on appeal
• the effect of a rehearing and the possibility of new evidence
• the consequences of failing to comply with procedural rules

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 two main grounds on which a defendant may appeal from the magistrates’ court to the Crown Court?
2. What is the standard time limit for lodging an appeal to the Crown Court after conviction or sentence in the magistrates’ court?
3. What is the effect of an appeal against conviction to the Crown Court—does the Crown Court conduct a review or a full rehearing?
4. Can the Crown Court increase a sentence on appeal from the magistrates’ court?

Introduction

Appeals from the magistrates’ court to the Crown Court are a key safeguard in the criminal justice system of England and Wales. This procedure allows a defendant to challenge a conviction or sentence imposed by the magistrates’ court, ensuring that errors can be corrected and justice achieved. For SQE1, you must know the statutory basis, the grounds and process for appeal, the strict time limits, and the powers of the Crown Court when hearing such appeals.

The Right of Appeal

A defendant convicted or sentenced in the magistrates’ court has a statutory right to appeal to the Crown Court. This right is set out in the Magistrates’ Courts Act 1980 and is supplemented by the Criminal Procedure Rules.

Key Term: right of appeal The statutory entitlement of a defendant to challenge a conviction or sentence imposed by the magistrates’ court by appealing to the Crown Court.

Grounds of Appeal

A defendant may appeal to the Crown Court on either or both of the following grounds:

• against conviction (disputing the finding of guilt)
• against sentence (arguing that the punishment is excessive or wrong in principle)

Key Term: appeal against conviction An appeal challenging the magistrates’ court’s finding that the defendant is guilty.

Key Term: appeal against sentence An appeal challenging the punishment imposed by the magistrates’ court.

Procedure and Time Limits

Notice of Appeal

To start an appeal, the defendant must file a notice of appeal. The notice must state whether the appeal is against conviction, sentence, or both, and set out the grounds for appeal. It must also indicate if new evidence will be relied upon.

The notice must be served on:

• the magistrates’ court that made the decision
• the Crown Court
• the prosecution

Key Term: notice of appeal The formal written document by which a defendant initiates an appeal to the Crown Court, specifying the grounds and details of the appeal.

Time Limit

The standard time limit for lodging an appeal is 21 days from the date of conviction or sentence (whichever is later). The Crown Court may allow an appeal to proceed out of time if it is in the interests of justice, but this is exceptional and requires a good reason for the delay.

Key Term: time limit (appeals) The prescribed period (usually 21 days) within which a notice of appeal must be filed after conviction or sentence in the magistrates’ court.

Service and Compliance

Strict compliance with procedural rules is essential. Failure to serve the notice correctly or within the time limit may result in the appeal being dismissed.

Worked Example 1.1

A defendant is convicted of theft in the magistrates’ court on 1 June and sentenced on 10 June. By what date must the defendant file a notice of appeal against sentence?

Answer: The defendant must file the notice of appeal within 21 days of the date of sentence, so by 1 July.

The Appeal Hearing

Scope of the Appeal

• An appeal against conviction results in a full rehearing of the case in the Crown Court. This means the case is heard afresh, with the Crown Court considering all the evidence and arguments again. New evidence may be admitted if relevant.
• An appeal against sentence is a rehearing of the sentencing exercise, with the Crown Court considering whether the original sentence was appropriate.

Key Term: rehearing A fresh hearing of the case in the Crown Court, where the evidence and arguments are reconsidered as if for the first time.

Powers of the Crown Court

On appeal, the Crown Court may:

• confirm the conviction or sentence
• quash the conviction
• vary the conviction (e.g., substitute a conviction for a lesser offence)
• reduce the sentence
• (in rare cases) increase the sentence, but only within the statutory maximum for the offence

The Crown Court’s powers are limited to those available to the magistrates’ court for the offence in question.

Worked Example 1.2

A defendant appeals against conviction for assault. At the Crown Court hearing, new evidence is produced showing the defendant was elsewhere at the time of the offence. What can the Crown Court do?

Answer: The Crown Court may admit the new evidence, reconsider the case, and if satisfied the conviction is unsafe, quash the conviction.

Procedure at the Crown Court

• The appeal is usually heard by a Crown Court judge sitting with two (or sometimes more) magistrates who were not involved in the original case.
• The prosecution and defence may call evidence and make submissions.
• The Crown Court gives its decision, which may confirm, quash, or vary the original outcome.

Exam Warning

The Crown Court may increase a sentence on appeal, but only up to the statutory maximum for the offence. The defendant must be warned of this risk before the hearing.

Effect of the Appeal

• The decision of the Crown Court on appeal replaces the decision of the magistrates’ court.
• If the appeal is successful, the conviction or sentence is set aside or varied.
• If the appeal is unsuccessful, the original conviction or sentence stands.

Further Appeals

• Further appeal from the Crown Court’s decision is only possible by way of case stated to the High Court (on a point of law) or, in rare cases, by judicial review.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• The defendant has a statutory right to appeal from the magistrates’ court to the Crown Court against conviction and/or sentence.
• The appeal must be lodged within 21 days of conviction or sentence by serving a notice of appeal on all parties.
• The Crown Court conducts a full rehearing of the case on appeal against conviction, and may admit new evidence.
• The Crown Court may confirm, quash, or vary the conviction, and may confirm, reduce, or (rarely) increase the sentence.
• Strict compliance with procedural rules and time limits is required for a valid appeal.
• Further appeal from the Crown Court’s decision is only possible by way of case stated to the High Court on a point of law.

Key Terms and Concepts

• right of appeal
• appeal against conviction
• appeal against sentence
• notice of appeal
• time limit (appeals)
• rehearing