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Describe the main appeal routes for defendants for the Magistrates Court and Crown Court, and Explain and comment on the role of the Criminal Cases Review Commission.
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A) Describe the main appeal routes for defendants for the Magistrates Court and Crown Court.
B) Explain and comment on the role of the Criminal Cases Review Commission.
A) In the English legal system, there is a system of appeal available to defendants after a decision made by the Magistrates Court. The route depends on whether the appeal is only on a point of law, or whether it is for other reasons. The two appeal routes are to the Crown court or to the Queens Bench Divisional Court.
An appeal to the Crown Court is the normal route of appeal and is only available to the defence. If a defendant has pleaded guilty to a crime at the Magistrates Court any appeal can only be against the sentence. If a defendant pleaded not guilty but was convicted, then an appeal can be made against the conviction and/or sentence. In both cases the defendant has an automatic right to appeal and does not need to get leave (permission) to appeal.
At an appeal to the Crown Court the case is completely re-heard by a judge who sits with two magistrates. They may arrive at the same original
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