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Appeals - Coggle Diagram
Appeals
court of appeals powers
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decrease, but not increase, any sentence imposed
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case-stated appeals
these are appeals on a point of law that go to the queens bench divisional court, either directly from the magistrates court or following an appeal to the crown court. both the prosecution and defence can use this appeal route
magistrates/crown court are asked to state the case by setting out their findings of fact and their decision. the appeal is then argued on the basis of what the law is on those facts - no witnesses are called.
the appeal is usually heard by a panel of 2 or 3 judges and will be on the basis that the magistrates came to the wrong decision because they made a mistake about the law.
divisional court may confirm, vary or reverse the decision or send the case back for the magistrates to implement the decision on the law.
there are usually fewer than 100 case stated appeals made each
there is a possibility of a further appeal to the supreme court - formerly house of lords