Sentencing

Introduction

When a defendant is convicted or sentenced, the proceedings are not necessarily at an end. The **appeals** system provides routes by which a decision of a criminal court can be challenged. This chapter sets out the two routes of appeal from the **magistrates' court** (to the **Crown Court** and to the **High Court by way of case stated**), the route of appeal from the **Crown Court** to the **Court of Appeal (Criminal Division)** against **conviction** and **sentence**, the procedure for obtaining **leave to appeal**, the **powers** of each appellate court, and the heavily restricted **prosecution** rights of appeal — including the appeal against a **terminating ruling** and the application for a **retrial** following acquittal.

Assessment focus

For the SQE1 FLK2 assessment in Criminal Law and Practice, you must be able to **advise a client** on their appeal options in a realistic scenario. You should know the **two routes of appeal from the magistrates' court** and how they differ; the **'unsafe' test** under **s. 2 of the Criminal Appeal Act 1968** for appeals against conviction from the Crown Court; the **grounds** for appealing against sentence; the **leave requirement** and the **time limits** (15 business days, 21 days, 28 days); and the **powers and limitations** of each appellate court — in particular that the **Crown Court can increase a sentence** on appeal from the magistrates' court (up to the magistrates' court maximum) whereas the **Court of Appeal cannot increase** a sentence imposed by the Crown Court. Questions are single best answer questions (SBAQs) set in client-based scenarios; you will be expected to **apply** these rules. This is a closed-book assessment — recall the time limits, tests and powers from memory.

Study tips

1) Memorise the **three time limits**: appeal to the Crown Court — **15 business days after sentence**; case stated — **21 days after the decision**; Court of Appeal — **28 days after conviction or sentence**. 2) Remember the **critical sentence asymmetry**: the **Crown Court can increase** the sentence on appeal from the magistrates' court (but only up to the **magistrates' court maximum**); the **Court of Appeal cannot increase** the Crown Court sentence. 3) Know that an appeal to the Crown Court is a **complete rehearing** with **no leave** required, whereas a Court of Appeal appeal **always requires leave** and turns on the **'unsafe'** test (s. 2 CAA 1968). 4) Note the **tactical rule**: applying for **case stated extinguishes** the Crown Court appeal right, but appealing to the Crown Court first does **not** extinguish the case-stated route — so advise the Crown Court route first. 5) For **prosecution appeals**, remember: **case stated** from the magistrates' court; **terminating ruling** appeal and **retrial after acquittal** (new and compelling evidence + **DPP** consent) from the Crown Court — but **no** prosecution appeal to the Crown Court.