Criminal Appeals: Routes from Magistrates' Court and Crown Court
Appeals from Magistrates' Court
Appeal to Crown Court
- s.108 Magistrates' Courts Act 1980: A defendant convicted in the magistrates' court may appeal to the Crown Court against conviction (if pleaded not guilty) and/or sentence (in all cases).
- Must be lodged within 21 days of sentence.
- The Crown Court conducts a full rehearing — the appeal is heard by a Crown Court judge sitting with magistrates.
- The Crown Court may confirm, reverse or vary the decision, and may increase the sentence (up to the magistrates' maximum).
Appeal by Way of Case Stated
- s.111 MCA 1980: Either the defence or prosecution may appeal to the High Court (King's Bench Division) on a point of law or excess of jurisdiction.
- The magistrates state a case setting out their findings and the question of law.
- Must apply within 21 days of the decision.
- Cannot appeal by case stated if an appeal to the Crown Court has already been made on the same matter.
Judicial Review
- Available to challenge magistrates' decisions where case stated is unavailable or inappropriate (e.g., procedural error, abuse of process decisions).
Appeals from the Crown Court
Appeal to Court of Appeal (Criminal Division)
- s.1 Criminal Appeal Act 1968: Defendant may appeal against conviction with leave of the Court of Appeal (or the trial judge certifying a fit case).
- s.9 Criminal Appeal Act 1968: Appeal against sentence with leave.
- The Court of Appeal will quash a conviction if it is unsafe (s.2 Criminal Appeal Act 1968).
- The prosecution cannot appeal an acquittal (with limited exceptions, e.g., Attorney-General's reference on a point of law under s.36 Criminal Justice Act 1972, which does not affect the acquittal).
Further Appeal to Supreme Court
- Requires a certificate that the case involves a point of law of general public importance and leave from the Court of Appeal or Supreme Court.
Common Exam Traps
- On a Crown Court rehearing of a magistrates' appeal, the Crown Court can increase the sentence — this is a frequent trap.
- Case stated goes to the High Court, not the Crown Court.
- The Court of Appeal test is unsafeness — not merely that the verdict was unreasonable.
- Prosecution cannot generally appeal an acquittal from the Crown Court; an AG's Reference does not disturb the acquittal.
Exam tip: Map each route by: (1) which court hears it, (2) who can bring it, and (3) what the court can do — especially whether the sentence can be increased.