Series 2 Episode 11 - Appeals from the Magistrates’ Court - Conviction, Sentence, Case Stated and Judicial Review

Series 2 Episode 11 - Appeals from the Magistrates’ Court - Conviction, Sentence, Case Stated and Judicial Review

In this episode as we continue with appeals, we hear about how people who have had their case heard in the magistrates’ court can appeal against their conviction and sentence and what actually happens during the process, which you’ll be pleased to hear is far simpler than appealing against a conviction or sentence in the Crown Court.

And we also go into the detail about perhaps the most complex type of appeal from the magistrates’ court, which is known as an Appeal by way of Case Stated and how a man who refused to pay a fixed penalty notice found himself in the Supreme Court.

And what is Judicial Review and how can it be used in a criminal case? In this episode we find out, including how a robbery charge against two youths ended up in front of the Lord Chief Justice.

This is the final episode of Series 2 of the Defence Barrister Podcast and I would like to take this opportunity to thank you all for listening.

We will be back early next year with more interesting and thought-provoking content which shows how, warts and all, the criminal justice system really works.

NOTES

Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe

PLEASE NOTE:

It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:

Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.

I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.

Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.

Thank you for your understanding.

CONTACT

Email: podcast@defence-barrister.co.uk

X https://twitter.com/defencebar

Instagram https://www.instagram.com/defencebar/

COPYRIGHT

Music and content created and recorded by Chris Kessling © 2024. All rights reserved.

External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.

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Episoder(27)

Series 2 Episode 10 - When the Prosecution Appeal - Unduly Lenient Sentences and Points of Law

Series 2 Episode 10 - When the Prosecution Appeal - Unduly Lenient Sentences and Points of Law

Content warning. This episode contains details (relevant to the legal issues being considered) of a case concerning the murder of a young woman in terrible circumstances which may cause distress to li...

30 Okt 202439min

Series 2 Episode 9 - Appeals after Pleading Guilty

Series 2 Episode 9 - Appeals after Pleading Guilty

Withdrawing a guilty plea and appeals following a plea of guilty. What do you do if you have pleaded guilty to a criminal offence, but now realise you were not in fact guilty? In this episode we find ...

22 Okt 202436min

Series 2 Episode 8 - Double Jeopardy and Wrongful Acquittals

Series 2 Episode 8 - Double Jeopardy and Wrongful Acquittals

Is there such a thing as an appeal against a verdict of Not Guilty? In this episode we look at the law on what is commonly known as double jeopardy, the idea (entrenched in law for many hundreds of ye...

15 Okt 202433min

Series 2 Episode 7 - The Appeal of Aidan Johnson

Series 2 Episode 7 - The Appeal of Aidan Johnson

In this episode we go to the Court of Appeal Criminal Division to hear the appeal of Aidan Johnson against his conviction for the murder of Daniel Clarke. Seeking to overturn the conviction on the gro...

8 Okt 202430min

Series 2 Episode 6 - How disclosure really works

Series 2 Episode 6 - How disclosure really works

In this episode, we take a deep dive into disclosure, that is how disclosure in criminal cases should actually work and why it is of vital importance in every criminal trial.  What do the rules actual...

1 Okt 202434min

Series 2 Episode 5 - When trials go wrong Part 2 - Identification, Science and Non-Disclosure

Series 2 Episode 5 - When trials go wrong Part 2 - Identification, Science and Non-Disclosure

Identification, science and non-disclosure as grounds of appeal in criminal cases Warning: this episode contains a criminal appeal case in which limited reference is made to sexual violence. Listener ...

24 Sep 202435min

Series 2 Episode 4 - When trials go wrong Part 1 - Grounds of appeal against conviction

Series 2 Episode 4 - When trials go wrong Part 1 - Grounds of appeal against conviction

Today we turn to grounds of appeal, i.e. the reasons why it is said that the jury's verdict is unsafe. And we look at a number of common grounds of appeal and the cases where they have been considered...

17 Sep 202440min

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