 The Act which established the Commission, creating its powers and limits, was the Criminal Appeal Act 1995 (new window). The most important thing to read is section 13, which sets out the test that has to be satisfied before we can refer a case back to court.
The Court of Appeal operates according to the Criminal Appeal Act 1968. The section that is most likely to affect CCRC cases is section 23, which relates to the Court’s power to receive fresh evidence. For Northern Ireland the equivalent is the Criminal Appeal (Northern Ireland) Act 1980. You can find out more about either court by visiting Her Majesty's Court Service (new window) or Northern Ireland Court Service (new window).
Appeals from Magistrates’ Courts are governed by sections 108 – 114 of the Magistrates’ Courts Act 1980, which is too old to be available on the Stationery Office Web site. Instead, the sections are included here:
Magistrates’ Courts Act 1980, s. 108(1) A person convicted by a magistrates’ court may appeal to the Crown Court
(a) if he pleaded guilty, against his sentence;
(b) if he did not, against the conviction or sentence.
(1A) Section 14 of the Powers of Criminal Courts (Sentencing) Act 2000 (under which a conviction of an offence for which a conditional or absolute discharge is made is deemed not to be a conviction except for certain purposes) shall not prevent an appeal under this section, whether against conviction or otherwise.
(2) A person sentenced by a magistrates’ court for an offence in respect of which an order for conditional discharge has been previously made may appeal to the Crown Court against the sentence.
(3) In this section ‘sentence’ includes any order made on conviction by a magistrates’ court, not being
[(a) repealed by Criminal Justice Act 1982, sch. 16]
(b) an order for the payment of costs;
(c) an order under section 2 of the Protection of Animals Act 1911 (which enables a court to order the destruction of an animal); or
(d) an order made in pursuance of any enactment under which the court has no discretion as to the making of the order or its terms;
and also includes a declaration of relevance under the Football Spectators Act 1989.
Magistrates’ Courts Act 1980, s. 109(1) Where notice to abandon an appeal has been duly given by the appellant
(a) the court against whose decision the appeal was brought may issue process for enforcing that decision, subject to anything already suffered or done under it by the appellant; and
(b) the said court may, on the application of the other party to the appeal, order the appellant to pay to that party such costs as appear to the court to be just and reasonable in respect of expenses properly incurred by that party in connection with the appeal before notice of the abandonment was given to that party.
(2) In this section ‘appeal’ means an appeal from a magistrates’ court to the Crown Court, and the reference to a notice to abandon an appeal is a reference to a notice shown to the satisfaction of the magistrates’ court to have been given in accordance with Crown Court rules.
Magistrates Courts Act 1980, s. 110 After the determination by the Crown Court of an appeal from a magistrates court the decision appealed against as confirmed or varied by the Crown Court, or any decision of the Crown Court substituted for the decision appealed against, may, without prejudice to the powers of the Crown Court to enforce the decision, be enforced
(a) by the issue by the court by which the decision appealed against was given of any process that it could have issued if it had decided the case as the Crown Court decided it;
(b) so far as the nature of any process already issued to enforce the decision appealed against permits, by that process; and the decision of the Crown Court shall have effect as if it had been made by the magistrates court against whose decision the appeal is brought.
Magistrates Courts Act 1980, ss. 111 to 114111.(1) Any person who was a party to any proceeding before a magistrates court or is aggrieved by the conviction, order, determination or other proceeding of the court may question the proceeding on the ground that it is wrong in law or is in excess of jurisdiction by applying to the justices composing the court to state a case for the opinion of the High Court on the question of law or jurisdiction involved; but a person shall not make an application under this section in respect of a decision against which he has a right of appeal to the High Court or which by virtue of any enactment passed after 31st December 1879 is final.
(2) An application under subsection (1) above shall be made within 21 days after the day on which the decision of the magistrates court was given.
(3) For the purpose of subsection (2) above, the day on which the decision of the magistrates court is given shall, where the court has adjourned the trial of an information after conviction, be the day on which the court sentences or otherwise deals with the offender.
(4) On the making of an application under this section in respect of a decision any right of the applicant to appeal against the decision to the Crown Court shall cease.
(5) If the justices are of opinion that an application under this section is frivolous, they may refuse to state a case, and, if the applicant so requires, shall give him a certificate stating that the application has been refused; but the justices shall not refuse to state a case if the application is made by or under the direction of the Attorney-General.
(6) Where justices refuse to state a case, the High Court may, on the application of the person who applied for the case to be stated, make an order of mandamus requiring the justices to state a case.
112. Any conviction, order, determination or other proceeding of a magistrates court varied by the High Court on an appeal by case stated, and any judgment or order of the High Court on such an appeal, may be enforced as if it were a decision of the magistrates court from which the appeal was brought.
113. (1) Where a person has given notice of appeal to the Crown Court against the decision of a magistrates court or has applied to a magistrates court to state a case for the opinion of the High Court, then, if he is in custody, the magistrates court may, subject to section 25 of the Criminal Justice and Public Order Act 1994, grant him bail.
(2) If a person is granted bail under subsection (1) above, the time and place at which he is to appear (except in the event of the determination in respect of which the case is stated being reversed by the High Court) shall be
(a) if he has given notice of appeal, the Crown Court at the time appointed for the hearing of the appeal;
(b) if he has applied for the statement of a case, the magistrates court at such time within 10 days after the judgment of the High Court has been given as may be specified by the magistrates court;
and any recognisance that may be taken from him or from any surety for him shall be conditioned accordingly.
(3) Subsection (1) above shall not apply where the accused has been committed to the Crown Court for sentence under section 37 above or section 3 of the Powers of Criminal Courts (Sentencing) Act 2000.
(4) Section 37(6) of the Criminal Justice Act 1948 (which relates to the currency of a sentence while a person is released on bail by the High Court) shall apply to a person released on bail by a magistrates court under this section pendng the hearing of a case stated as it applies to a person released on bail by the High Court under section 22 of the Criminal Justice Act 1967.
114. Justices to whom application has been made to state a case for the opinion of the High Court on any proceeding of a magistrates court shall not be required to state the case until the applicant has entered into a recognisance, with or without sureties, before the magistrates court, conditioned to prosecute the appeal without delay and to submit to the judgment of the High Court and pay such costs as that court may award; and (except in any criminal matter) the clerk of a magistrates court shall not be required to deliver the case to the applicant until the applicant has paid him the fees payable for the case and for the recognisances to the justices chief executive for the court.
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