27. Appeals from Magistrates' Courts and the Crown Court in Its Appellate Capacity
Rectifying magistrates' errors, appeal to the Crown Court, case stated, judicial review and further appeals.
How to study for BSB Criminal Litigation
Prepare for a closed-book assessment by linking every power, gateway, burden, procedure and appellate route to its place in the criminal case.
Core concepts
Concept 1
A magistrates' court has a statutory power to reopen and rectify mistakes in the interests of justice within its scope.
Exam cue: Identify decision, appellant, desired remedy and whether the challenge concerns fact, sentence, law or legality.
Concept 2
A convicted defendant may appeal conviction or sentence to the Crown Court through the general statutory route, where the appeal is reheard by the appellate tribunal.
Exam cue: Choose Crown Court appeal, case stated, judicial review or rectification by function rather than hierarchy alone.
Concept 3
Case stated addresses an error of law or excess of jurisdiction, while judicial review supervises public-law legality and procedural fairness.
Exam cue: Account for the Crown Court's powers, including the risk of increased sentence on an appeal.
Risk pitfalls and guardrails
Using case stated to rerun a factual disagreement.
Guardrail: Do not import a current-law change into the assessment merely because it post-dates the syllabus cut-off; use the latest BSB-issued syllabus or amendment for exam scope.
Assuming a defendant's Crown Court appeal can only improve the sentence.
Guardrail: Do not import a current-law change into the assessment merely because it post-dates the syllabus cut-off; use the latest BSB-issued syllabus or amendment for exam scope.
Using judicial review where an adequate statutory appeal provides the proper route without exceptional reason.
Guardrail: Do not import a current-law change into the assessment merely because it post-dates the syllabus cut-off; use the latest BSB-issued syllabus or amendment for exam scope.
Memory anchors
Magistrates reopen
The court may rectify a mistake through its statutory interests-of-justice power.
Crown Court appeal
A general defendant appeal from magistrates is reheard by a judge with magistrates.
Sentence risk
The Crown Court may exercise the magistrates' sentencing powers and can increase the sentence within them.
Case stated
Challenge an error of law or excess of jurisdiction in the High Court.
Judicial review
Supervisory review of legality, fairness and jurisdiction where appropriate.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
Magistrates discover immediately after sentence that they used the wrong statutory maximum. What local corrective power may apply?
Can section 142 be used simply because the prosecution wants a second attempt after a properly reasoned acquittal?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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