Main Appeal routes for defendants from the Magistrates Court and the Crown Court. Free Essay, Term Paper and Book Report
The normal route of appeal from the Magistrates Court is to appeal to the Crown Court. This however, is only available to the defence. The type of appeal depends on the plea given by the defendant; if the plea is guilty then the defendant can only appeal against sentence. On the other hand, if the defendant pleaded not guilty and was then convicted, the defence can appeal against the conviction and/or the sentence. In both these scenarios, the defendant has an automatic right to appeal, and does not need to get leave to appeal.
Once the case reaches the Crown Court, the entire case is completely reheard by a Judge and two Magistrates. These will then either confirm the conviction, or they can decide that the case is not proved beyond all reasonable doubt, and reverse the decision. In the Review of the Criminal Courts 2001, Sir Robin Auld wanted to simplify the appeal process; he had specifically recommended that the appeal process should adopt the Court of Appeal test. He had said that there should be one single line of appeal from the Magistrates Court to the Court of Appeal. ......
Word Count: 1919
Page Count: 7.6 (250 words a page / double spaced)
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