Closes 30 Nov 2023
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In particular:
1. Should the ability to challenge decisions of a magistrates’ court through appeal by way of case stated or judicial review, be retained, abolished or reformed (and if reformed, how)?
2. Should a leave requirement be introduced in respect of appeals from the magistrates’ court to the Crown Court? If so, should the grant of leave to appeal be followed by a rehearing or a review of the magistrates’ court’s decision by the Crown Court?
At present there are three main ways in which decisions of magistrates’ courts in criminal cases can be reviewed. Convicted people have the right to have their conviction or sentence appealed by way of a rehearing in the Crown Court. It is also possible for both defence and prosecution to challenge decisions through an appeal by way of case stated or judicial review.
