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Criminal Law And Judicial Review Notes

BPTC Law Notes > Judicial Review Notes

This is an extract of our Criminal Law And Judicial Review document, which we sell as part of our Judicial Review Notes collection written by the top tier of City Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Judicial Review Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

CRIMINAL LAW INTRODUCTION........................................................................................................................................... 1 Appealing/challenging Magistrates' Courts decisions.................................................................................1 Error of fact or fact and law.................................................................................................................... 1 Error of law or excess of jurisdiction.......................................................................................................1 Unfairness, bias or procedural irregularity..............................................................................................1 'Case stated' - preferred method of challenge to legal error......................................................................2 MAGISTRATES' COURT.............................................................................................................................. 3 CROWN COURT........................................................................................................................................... 4 REMEDIES.................................................................................................................................................... 5

INTRODUCTION

Appealing/challenging Magistrates' Courts decisions There are three routes of appeals or challenges of decisions made by the Magistrates Court. Choosing the correct route depends on the type of error which has been made.

Error of fact or fact and law An appeal to the Crown Court against conviction and/or sentence results in a complete re-hearing of the case. This is appropriate where the Magistrates have made an error of facts or a combined error of facts and law. Where they have made a decision not justified on the evidence they heard

Error of law or excess of jurisdiction The appropriate route of appeal is to the High Court by way of case stated (s.111 Magistrates' Courts Act 1980).

Unfairness, bias or procedural irregularity Judicial Review - As JR is also a matter where errors of law are challenged, there is a fine line between the JR route or the 'case stated' route. The basic rule is the presence of unfairness. Where unfairness is present, JR may be more appropriate. In errors of law, Case Stated may be more appropriate.

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