Who can appeal?

The right to appeal is a fundamental aspect of the English criminal justice system, ensuring that miscarriages of justice can be rectified and sentences fairly reviewed. Appeals from the Magistrates' Court to the Crown Court provide defendants with a mechanism to challenge both conviction and sentence. I am often consulted by clients who wish to appeal to the Crown Court and the reasons can be varied, from incompetent representation, to a feeling that they did not get a fair hearing in the Magistrates Court or even simply because they feel that the Magistrates came to the wrong decision.

In this article I will examine the process, grounds, and legal principles governing such appeals, drawing on relevant case law to illustrate judicial approaches.

The Right of Appeal

A defendant convicted in the Magistrates' Court has an automatic right of appeal to the Crown Court under the Magistrates’ Courts Act 1980 (MCA 1980), s.108. Unlike appeals to the High Court by way of case stated or judicial review, which require leave and are based on legal errors, Crown Court appeals involve a full rehearing of the case (for conviction appeals) or a reconsideration of the appropriateness of the sentence. The main attraction for a Crown Court appeal is that the appeal is as of right and no reason or grounds need to be given for an appeal.

Time limits for appeal

Appeals to the Crown Court are governed by Part 34 of the Criminal Procedure Rules. A defendant must lodge an appeal within 15 working days of sentencing (21 days total) by serving notice on the Magistrates' Court. An appeal can be heard out of time, but a judge will need to grant permission and good reason needs to be given why the appeal was not submitted in time.

The appeal is then heard in the Crown Court, typically before a Circuit Judge and two magistrates who were not involved in the original case (Criminal Appeal Act 1968, s.2). Unlike appellate reviews based solely on law, a Crown Court conviction appeal involves a re-trial which is a full rehearing of the evidence, allowing witnesses to be recalled and new evidence to be introduced (by either side).

Appealing a conviction

The appeal is by way of re-hearing and no grounds are needed. Upon hearing the appeal the Crown Court may:

• Uphold the conviction, affirming the decision of the Magistrates' Court.
• Quash the conviction, resulting in an acquittal.

If a conviction is upheld, the appellant may appeal further by way of case stated to the High Court or Judicial Review. However, these appeals cannot be by way of fact and will involve errors of law or procedure.

Appealing a sentence

Similar to conviction appeals, sentence appeals must be lodged within 15 working days of sentencing. The Crown Court reassesses the sentence’s appropriateness based on the facts of the case and relevant sentencing guidelines.

What happens at the appeal hearing?

A defendant does not need to give a reason for the appeal against sentence and the sentence in hearing is conducted afresh. As in the court below the defence can put forward any mitigation that they have in respect of the sentence and argue on the basis of any sentencing guidelines that may be in existence for the offence in question.

In considering the appeal the Crown Court may:

• Uphold the sentence, affirming the Magistrates' Court’s decision
• Reduce the sentence, imposing a lesser penalty
• Increase the sentence, imposing a greater penalty

Unlike an appeal from the Crown Court to the Court of Appeal Criminal Division the Crown Court has the power to increase a sentence. Therefore, defendants should carefully consider the risk of an increased sentence before appealing, as the Crown Court has discretion to impose a more severe punishment if justified.

Conclusion

The appeals process from the Magistrates' Court to the Crown Court provides an essential safeguard for defendants, ensuring both convictions and sentences are subject to scrutiny.

While both appeals involve a full rehearing of either the trial or the sentencing procedure. For appeals against sentence, defendants must weigh the prospects of success carefully, given the possibility of an increased sentence.

Choosing a barrister for your appeal

In launching any appeal, it may be advisable to seek specialist legal advice, appeals can be time consuming and in some circumstances legally complicated. Appeals to the Crown Court are often the final realistic avenue of appeal and it is therefore important to choose a legal representative who will give you the best chance of success.

Quentin Hunt is a specialist criminal defence barrister who has been dealing with appeals to the Crown Court for over 25 years. He has a formidable track record in these sorts of cases and accept instructions both through solicitors and directly from members of the public. If you are considering launching an appeal then you may contact Quentin for a free, no obligation discussion about how he can assist in your case.