Chapter 16 Self-test questions

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

County Court

Crown Court

High Court (Queen's Bench Division)

Court of Appeal

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

True

False

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

Appeals require the permission of the Magistrates' Court.

Appeals require the permission of the Crown Court.

Appeals do not require the permission of the Magistrates' Court but do require the permission of the Crown Court.

Appeals do not require anyone's permission.

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

True

False

. 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.

True

False

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

True

False

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

Where there is an allegation that a Magistrate is biased and should not have sat.

Where the defendant believes that the Magistrates have allowed in evidence that the defendant believes should have been inadmissible.

Where the defendant believes that the legal advisor has provided wrong legal advice to the magistrates.

Where the prosecution believes that the magistrates should have convicted the defendant.

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

Divisional Court of the Queen's Bench Division.

Court of Appeal (Criminal Division).

Divisional Court or Court of Appeal.

Court of Appeal (Criminal Division), or in serious cases, the Supreme Court through the 'leapfrog' procedure.

. 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.

True

False

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

True

False

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

. Which Act of Parliament introduced prosecution rights of appeal?

Constitutional Reform Act 2005

Courts Act 2003

Criminal Justice Act 2003

Criminal Justice (Appeals) Act 2005

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

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

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

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