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Chapter

This chapter explains the practice and procedure involved in appealing against a decision of the magistrates’ court or the Crown Court. The discussions include the reopening of a case; appeal to the Crown Court; appeal by way of case stated; judicial review; appeal against sentence from the Crown Court; appeal to the Supreme Court; the Criminal Cases Review Commission; and whether the prosecution enjoys a right to appeal.

Chapter

Martin Hannibal and Lisa Mountford

This chapter explains the practice and procedure involved in appealing against a decision of the magistrates’ court or the Crown Court. The discussions include the reopening of a case; appeal to the Crown Court; appeal by way of case stated; judicial review; appeal against sentence from the Crown Court; appeal to the Supreme Court; the Criminal Cases Review Commission; and whether the prosecution enjoys a right to appeal.

Chapter

This chapter is concerned with procedural ultra vires under statute rather than procedural irregularities at common law. Procedural fairness arises in circumstances where prior notice, a right of appeal, a duty to consult, and a duty to give reasons, etc are included as part of a statutory scheme. The grant of a remedy in the case law previously depended on establishing whether this element was regarded as a mandatory as opposed to a directory requirement but in recent decisions this has evolved into a common sense approach. The chapter provides leading examples from the case law to illustrate how the courts seek to safeguard an individual’s interest whilst at the same time recognising the pressures under which decision-makers must operate.