Appeal to the Crown Court
Contents of this Part | |
|---|---|
When this Part applies | rule 63.1 |
Service of an appeal notice | rule 63.2 |
Form of appeal notice | rule 63.3 |
Duty of magistrates' court officer | rule 63.4 |
Duty of person keeping exhibit | rule 63.5 |
Reference by the Criminal Cases Review Commission | rule 63.6 |
Hearings and decisions | rule 63.7 |
Abandoning an appeal | rule 63.8 |
Court’s power to vary requirements under this Part | rule 63.9 |
Constitution of the Crown Court | rule 63.10 |
When this Part applies63.1
1
This Part applies where—
a
a defendant wants to appeal under—
i
section 108 of the Magistrates' Courts Act 198043,
ii
section 45 of the Mental Health Act 198344,
iii
paragraph 10 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 200045;
b
the Criminal Cases Review Commission refers a defendant’s case to the Crown Court under section 11 of the Criminal Appeal Act 199546;
c
a prosecutor wants to appeal under—
i
section 14A(5A) of the Football Spectators Act 198947, or
ii
section 147(3) of the Customs and Excise Management Act 197948; or
d
a person wants to appeal under—
i
section 1 of the Magistrates' Courts (Appeals from Binding Over Orders) Act 195649,
ii
section 12(5) of the Contempt of Court Act 198150,
iii
regulation 3C or 3H of the Costs in Criminal Cases (General) Regulations 198651, or
iv
section 22 of the Football Spectators Act 198952.
2
A reference to an ‘appellant’ in this Part is a reference to such a party or person.
[Note. An appeal to the Crown Court is by way of re-hearing: see section 79(3) of the Supreme Court Act 198153. For the powers of the Crown Court on an appeal, see section 48 of that Act.
A defendant may appeal from a magistrates' court to the Crown Court—
- a
under section 108 of the Magistrates' Courts Act 1980, against sentence after a guilty plea and after a not guilty plea against conviction, against a finding of guilt or against sentence;
- b
under section 45 of the Mental Health Act 1983, where the magistrates' court makes a hospital order or guardianship order without convicting the defendant;
- c
under paragraph 10 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000, where the magistrates' court revokes a community order and deals with the defendant in another way.
- a
See section 13 of the Criminal Appeal Act 199554 for the circumstances in which the Criminal Cases Review Commission may refer a conviction or sentence to the Crown Court.
Under section 14A(5A) of the Football Spectators Act 1989, a prosecutor may appeal to the Crown Court against a failure by a magistrates' court to make a football banning order.
Under section 147(3) of the Customs and Excise Management Act 1979, a prosecutor may appeal to the Crown Court against any decision of a magistrates' court in proceedings for an offence under any Act relating to customs or excise.
Under section 1 of the Magistrates' Courts (Appeals from Binding Over Orders) Act 1956, a person bound over to keep the peace or be of good behaviour by a magistrates' court may appeal to the Crown Court.
Under section 12(5) of the Contempt of Court Act 1981, a person detained, committed to custody or fined by a magistrates' court for insulting a member of the court or another participant in the case, or for interrupting the proceedings, may appeal to the Crown Court.
Under regulation 3C of the Costs in Criminal Cases (General) Regulations 1986, a legal representative against whom a magistrates' court makes a wasted costs order under section 19A of the Prosecution of Offences Act 1985 and regulation 3B may appeal against that order to the Crown Court.
Under regulation 3H of the Costs in Criminal Cases (General) Regulations 1986, a third party against whom a magistrates' court makes a costs order under section 19B of the Prosecution of Offences Act 1985 and regulation 3F may appeal against that order to the Crown Court.
Under section 22 of the Football Spectators Act 1989, any person aggrieved by the decision of a magistrates' court making a football banning order may appeal to the Crown Court.]
Service of appeal notice63.2
1
An appellant must serve an appeal notice on—
a
the magistrates' court officer; and
b
every other party.
2
The appellant must serve the appeal notice—
a
as soon after the decision appealed against as the appellant wants; but
b
not more than 21 days after—
i
sentence or the date sentence is deferred, whichever is earlier, if the appeal is against conviction or against a finding of guilt,
ii
sentence, if the appeal is against sentence, or
iii
the order or failure to make an order about which the appellant wants to appeal, in any other case.
3
The appellant must—
a
serve with the appeal notice any application for an extension of the time limit under this rule; and
b
in that application, explain why the appeal notice is late.
[Note. Under section 1(1) of the Powers of Criminal Courts (Sentencing) Act 200055, a magistrates' court may defer passing sentence for up to 6 months.]
Form of appeal notice63.3
The appeal notice must be in writing and must—
a
specify—
i
the conviction or finding of guilt,
ii
the sentence, or
iii
the order, or the failure to make an order
about which the appellant wants to appeal;
b
summarise the issues;
c
in an appeal against conviction—
i
identify the prosecution witnesses whom the appellant will want to question if they are called to give oral evidence, and
ii
say how long the trial lasted in the magistrates' court and how long the appeal is likely to last in the Crown Court;
d
in an appeal against a finding that the appellant insulted someone or interrupted proceedings in the magistrates' court, attach—
i
the magistrates' court’s written findings of fact, and
ii
the appellant’s response to those findings;
e
say whether the appellant has asked the magistrates' court to reconsider the case; and
f
include a list of those on whom the appellant has served the appeal notice.
[Note. The Practice Direction sets out a form of appeal notice for use in connection with this rule.
In some cases, a magistrates' court can reconsider a conviction, sentence or other order and make a fresh decision. See section 142 of the Magistrates' Courts Act 198056.
See also rule 3.10 (conduct of a trial or an appeal).]
Duty of magistrates' court officer63.4
The magistrates' court officer must—
a
as soon as practicable serve on the Crown Court officer—
i
the appeal notice and any accompanying application served by the appellant,
ii
details of the parties including their addresses,
iii
a copy of each magistrates' court register entry relating to the decision under appeal and to any application for bail pending appeal, and
iv
any report received for the purposes of sentencing;
b
keep any document or object exhibited in the proceedings in the magistrates' court, or arrange for it to be kept by some other appropriate person, until—
i
6 weeks after the conclusion of those proceedings, or
ii
the conclusion of any proceedings in the Crown Court that begin within that 6 weeks; and
c
provide the Crown Court with any document, object or information for which the Crown Court officer asks, within such period as the Crown Court officer may require.
Duty of person keeping exhibit63.5
A person who, under arrangements made by the magistrates' court officer, keeps a document or object exhibited in the proceedings in the magistrates' court must—
a
keep that exhibit until—
i
6 weeks after the conclusion of those proceedings, or
ii
the conclusion of any proceedings in the Crown Court that begin within that 6 weeks,
unless the magistrates' court or the Crown Court otherwise directs; and
b
provide the Crown Court with any such document or object for which the Crown Court officer asks, within such period as the Crown Court officer may require.
Reference by the Criminal Cases Review Commission63.6
1
The Crown Court officer must, as soon as practicable, serve a reference by the Criminal Cases Review Commission on—
a
the appellant;
b
every other party; and
c
the magistrates' court officer.
2
The appellant may serve an appeal notice on—
a
the Crown Court officer; and
b
every other party,
not more than 21 days later.
3
The Crown Court must treat the reference as the appeal notice if the appellant does not serve an appeal notice.
Hearings and decisions63.7
1
The Crown Court as a general rule must hear in public an appeal or reference to which this Part applies, but—
a
may order any hearing to be in private; and
b
where a hearing is about a public interest ruling, must hold that hearing in private.
2
The Crown Court officer must give as much notice as reasonably practicable of every hearing to—
a
the parties;
b
any party’s custodian; and
c
any other person whom the Crown Court requires to be notified.
3
The Crown Court officer must serve every decision on—
a
the parties;
b
any other person whom the Crown Court requires to be served; and
c
the magistrates' court officer and any party’s custodian, where the decision determines an appeal.
4
But where a hearing or decision is about a public interest ruling, the Crown Court officer must not—
a
give notice of that hearing to; or
b
serve that decision on,
anyone other than the prosecutor who applied for that ruling, unless the court otherwise directs.
[Note. See also Part 25 (Applications for Public Interest Immunity and specific disclosure).]
Abandoning an appeal63.8
1
The appellant—
a
may abandon an appeal without the Crown Court’s permission, by serving a notice of abandonment on—
i
the magistrates' court officer,
ii
the Crown Court officer, and
iii
every other party
before the hearing of the appeal begins; but
b
after the hearing of the appeal begins, may only abandon the appeal with the Crown Court’s permission.
2
A notice of abandonment must be signed by or on behalf of the appellant.
3
Where an appellant who is on bail pending appeal abandons an appeal—
a
the appellant must surrender to custody as directed by the magistrates' court officer; and
b
any conditions of bail apply until then.
[Note. The Practice Direction sets out a form of notice of abandonment for use in connection with this rule.
Where an appellant abandons an appeal to the Crown Court, both the Crown Court and the magistrates' court have power to make a costs order against that appellant in favour of the respondent: see section 52 of the Supreme Court Act 198157 and section 109 of the Magistrates' Courts Act 198058. Part 78 contains rules about costs on abandoning an appeal.]
Court’s power to vary requirements under this Part63.9
The Crown Court may—
a
shorten or extend (even after it has expired) a time limit under this Part;
b
allow an appellant to vary an appeal notice that that appellant has served;
c
direct that an appeal notice be served on any person;
d
allow an appeal notice or a notice of abandonment to be in a different form to one set out in the Practice Direction, or to be presented orally.
Constitution of the Crown Court63.10
On the hearing of an appeal—
a
the general rule is that the Crown Court must comprise—
i
a judge of the High Court, a Circuit judge or a Recorder, and
ii
no less than two and no more than four justices of the peace, none of whom took part in the decision under appeal; and
b
if the appeal is from a youth court—
i
each justice of the peace must be qualified to sit as a member of a youth court, and
ii
the Crown Court must include a man and a woman; but
c
the Crown Court may include only one justice of the peace and need not include both a man and a woman if—
i
the presiding judge decides that otherwise the start of the appeal hearing will be delayed unreasonably, or
ii
one or more of the justices of the peace who started hearing the appeal is absent.