Appeals

CRP.09 — Appeals (Criminal Practice, FLK2)

Appeals from the magistrates' court

To the Crown Court (defendant only). A convicted defendant may appeal against conviction and/or sentence as of right — no permission needed. A guilty plea allows appeal against sentence only (conviction appeal only if plea was equivocal). File notice within 15 business days of sentence. The Crown Court rehears the case de novo (fresh evidence, witnesses called again) before a judge plus 2 to 4 magistrates (Senior Courts Act 1981 s.74 — not fewer than two, not more than four). It may confirm, reverse or vary — and may increase the sentence up to the magistrates' maximum powers (a real trap: appealing sentence carries risk).

By way of case stated / judicial review (either party). On a point of law or excess of jurisdiction, appeal to the High Court (Divisional Court, KBD) by case stated under s.111 Magistrates' Courts Act 1980 — apply within 21 days. The prosecution can use this route. No rehearing; the court answers the legal question. Case stated loses any right to appeal to the Crown Court.

Appeals from the Crown Court (trial on indictment)

Governed by the Criminal Appeal Act 1968. Appeal to the Court of Appeal (Criminal Division) and permission (leave) is required (or a trial judge's certificate). Notice within 28 days of conviction/sentence.

• Conviction: the sole test is whether the conviction is "unsafe" (s.2, as amended by Criminal Appeal Act 1995). Fresh evidence may be received under s.23 if it is capable of belief, would have been admissible, affords a ground, and there is a reasonable explanation for non-adduction at trial.
• Sentence: quashed/varied if wrong in principle or manifestly excessive. The CACD cannot increase sentence on a defence appeal (contrast the Crown Court above).

Common traps and distinctions

• Time limits differ: 15 business days (mags→Crown Court) vs 21 days (case stated) vs 28 days (Crown Court→CACD). Don't confuse them.
• Permission: none needed mags→Crown Court; required for the CACD.
• Increase in sentence: Crown Court can; CACD cannot on a defence appeal.
• AG's references: unduly lenient sentences for specified offences go to the CACD under s.36 Criminal Justice Act 1988 (28 days, leave required) — this is how a sentence can go up. Distinguish from the AG's reference on a point of law after acquittal (s.36 CJA 1972) which does not affect the acquittal.
• Onward appeal to the Supreme Court: needs CACD certification of a point of law of general public importance plus leave.
• CCRC: the Criminal Cases Review Commission can refer cases back to the appellate court out of time.