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Hello,
in the mock exam no 1 (BPP) there is a question:
Liam was convicted of a criminal offence by a Magistrate’s Court in the English legal system. If Liam has grounds to appeal, which court will the case move to next?
A: Crown Court
B: High Court
C: Court of Appeal
D: Supreme CourtThe right answer here is High Court.
Why? When I look at the court structure for civil and crimianl respectively, the High Court is only in the Civil structure. I I thought it would either be Crown Court or Court of Appeal.Wikipedia, although not necessarily the source of absolute wisdom, states this in its opening preamble:
“There are four mechanisms under which a decision of a magistrates’ court may be challenged:
reconsideration by the same magistrates’ court;[1]
appeal to the Crown Court;[2]
appeal to the High Court of Justice (Queen’s Bench Division) by way of case stated; and
judicial review in the High Court (Queen’s Bench Division).”Here’s the link:
https://en.wikipedia.org/wiki/Challenges_to_decisions_of_England_and_Wales_magistrates%27_courts
I’m not sure that that helps you with this question!
OK?
According to Wikipedi it could be either the High Court or Crown Court and Crown Court is one of the possible answers though the correct one is High Court. This is very confusing.
According to my edition of the BPP study text, page 8, The Crown Court hears appeals from the Magistrates Court and …
… the Divisional Court of QBD hears appeals by way of case stated from Magistrates Courts and Crown Court
My own inclination, if faced with that question (assuming that you have typed the question correctly and in full) would be to select Crown Court
But as Wikipedia has stated and you have mentioned above, the QBD of the High Court hears appeals from Magistrates Court by way of case stated
Time to move on, I think!
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