Deck 14: The Trials

Question 1

To which of the following courts can a defendant appeal from a decision of the Magistrates' Court.

A) County Court
B) Crown Court
C) High Court (Queen's Bench Division)
D) Court of Appeal

Answer 1

B, C

Question 2

An appeal by way of case-stated to the High Court (Queen's Bench Division) is to be preferred to a judicial review.

Answer 2

True

Question 3

Which of the following is an accurate description of the law relating to appeals from the Magistrates' Court to the Crown Court?

A) Appeals require the permission of the Magistrates' Court.
B) Appeals require the permission of the Crown Court.
C) Appeals do not require the permission of the Magistrates' Court but do require the permission of the Crown Court.
D) Appeals do not require anyone's permission.

Answer 3

D

Question 4

The trial judge has a veto in an appeal against the decisions of the Magistrates' Court.

Question 5

If, after an appeal, the Crown Court decides to dismiss an appeal by a person convicted of an offence in the Magistrates' Court they can sentence the offender to a harsher sentence.

Question 6

An appeal by way of case-stated may only be brought by the defendant.

Question 7

Which of the following can the High Court do when it has determined an appeal by way of case-stated from the Magistrates' Court?

A) Allow an appeal and remit the matter back to the Magistrates' Court with an order they acquit the offender.
B) Allow an appeal and remit the matter back to the Magistrates' Court with an order they convict the offender.
C) Quash the appeal themselves and decline to remit the matter back to the Magistrates.
D) Allow an appeal and remit the matter back to the Magistrates' Court with a direction that they must transfer the matter to the Crown Court.

Question 8

In which of the following circumstances would judicial review be more appropriate than an appeal by way of case-stated?

A) Where there is an allegation that a Magistrate is biased and should not have sat.
B) Where the defendant believes that the Magistrates have allowed in evidence that the defendant believes should have been inadmissible.
C) Where the defendant believes that the legal advisor has provided wrong legal advice to the magistrates.
D) Where the prosecution believes that the magistrates should have convicted the defendant.

Question 9

To where does an appeal from the Crown Court (on a trial on indictment) lie?

A) Divisional Court of the Queen's Bench Division.
B) Court of Appeal (Criminal Division).
C) Divisional Court or Court of Appeal.
D) Court of Appeal (Criminal Division), or in serious cases, the Supreme Court through the 'leapfrog' procedure.

Question 10

An appeal from the Crown Court following a trial on indictment requires the permission of the Court of Appeal (Criminal Division) or the permission of the Crown Court itself.

Question 11

Where a defendant pleads guilty it is not possible to appeal against conviction instead of sentence.

Question 12

The judge who normally considers leave for appeal is colloquially known as the ______ Judge.

Question 13

Which Act of Parliament introduced prosecution rights of appeal?

A) Constitutional Reform Act 2005
B) Courts Act 2003
C) Criminal Justice Act 2003
D) Criminal Justice (Appeals) Act 2005

Question 14

The prosecution can only appeal against an acquittal following a ________ ruling by a Crown Court judge.

Question 15

The usual ground for a defendant appealing his sentence is that it is __________ excessive.

Question 16

The prosecution can appeal against an ______ lenient sentence and only where it is a prescribed offence.