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Liam was convicted of a criminal offence by a Magistrates’ court, If Liam has grounds to appeal which court would the case move to next?
Court of Appeal
Supreme Court
High court
Crown courtThis is a question from Bpp and the key says answer is HIGH COURT (QBD) .I want to ask it does not say appeal on point of law for it to go to HC. It’s just a normal criminal appeal so should go to crown court. Is the answer wrong?
But why? It should be crown court. In a criminal court structure, appeal from magistrate court goes to crown court. Appeals by way of case stated go to QBD of High court.
The High Court has the authority to review decisions made by the Magistrates’ Court and determine whether there were any errors in law or procedure.
The Crown Court, on the other hand, primarily deals with trials for more serious criminal offenses and does not typically hear appeals from the Magistrates’ Court.
Is that sufficient for you?
No sir the Bpp book in the criminal court structure says appeals are to crown court where as appeals by way of case stated are to QBD. But this question from the Bpp mock says otherwise
If you have been found guilty in a magistrates court of a criminal offense and you wish to appeal, your appeal should be taken to the High Court. Appeals from a magistrates court are heard by the High Court (Queen’s Bench Division) by way of a case stated.
However, if your appeal is on the grounds of a misinterpretation of law or the wrong application of the law by the magistrates, then your appeal will be to the High Court.
If your appeal is not based on a point of law, it will be heard in the Crown Court.
Is that in line with BPP?
So going back to my original question it wasn’t said in question that it was case stated appeal so it should be CROWN COURT. Right?
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