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Appeals from the Magistrates' Court

If you are found guilty of an offence by the magistrates' court, you can appeal to the Crown Court, against conviction or sentence or both.

A Crown Court judge decides the appeal, without a jury. Unless the conviction is quashed, the judge can increase or reduce the sentence.

If the Crown Court judge agrees with the magistrates' court and dismisses your appeal, you cannot make a further appeal to the Court of Appeal.

Instead of an appeal to the Crown Court, you can also appeal to the High Court if the magistrates' court made a mistake about the law - as distinct from the facts of your case.  The prosecution can also appeal to the High Court on a point of law.  If the appeal succeeds, that may not be the end of the case, as the High Court can send it back to the magistrates' court to try again.

Appealing against a Crown Court conviction

If you are convicted by a jury in the Crown Court you can appeal to the Court of Appeal, if you get "leave to appeal" (permission) from the Crown Court or the Court of Appeal itself. The Court of Appeal will only quash your conviction if it is found to be "unsafe".

The prosecution cannot appeal if the jury finds you not guilty.  That is almost always the end of the matter, though in rare cases you can be prosecuted again for the same offence.

Appealing against sentence

If you are convicted in the Crown Court, you can appeal to the Court of Appeal against your sentence, if you get leave to appeal.

The prosecution can also appeal against your sentence, by asking the Attorney-General to refer it to the Court of Appeal for being too lenient, and the Court of Appeal may increase your sentence.

Appealing to the Supreme Court

The Supreme Court recently replaced the House of Lords as the highest court in the UK. When the Court of Appeal or the High Court has made a decision on an appeal, the defendant or the prosecution can appeal against it to the Supreme Court. Leave to appeal is needed, and the case has to involve an important point of law.

Appeals to the highest court are very rare. The House of Lords dealt with only a few dozen appeals a year, and the new Supreme Court will be the same.
 

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