Appeals

Defence appeals to Crown Court:

• Defendant may appeal aginst conviction, sentence or both if their original plea was not guilty
• Defendant may only appeal against sentence if original plea was guilty
• No need for leave (permission) - automatic right of appeal
• Case will be re-heard by a judge and 2 magistrates
• May confirm conviction, reverse decision and aquit defendant or vary conviction and find defendant guilty of lesser offence
• Sentences may be confirmed, increased (only to magistrates' maximum) or decreased

Defence appeals by way of case stated to QBD Court against conviction on point of law 

• Case stated=the facts are agreed beforehand and given as a statement to the court. Case not re-heard in full
• May be directly from Magistrates or after appeal in Crown Court
• Only available for an appeal against conviction
• Court may confirm, vary or reverse decision or send case back to Magistrates' Court for them to apply the interpretation of the law

Prosecution appeal to the QBD against acquittal on a point of law only

• Case stated appeal
• QBD can quash the decision, confirm it or send it back to the Magistrates' Court for a re-hearing

Further appeal to the Supreme Court (House of Lords)

• Both defence and prosecution can appeal further to Supreme Court (from QBD) on point of law of general public importance
• Permission (leave) must be granted by the Supreme Court or QBD- rarley used