header-logo header-logo

18 November 2020 / Cathál MacPartholán
Issue: 7911 / Categories: Features , Criminal , Procedure & practice
printer mail-detail

Judicial review: keeping it simple

32372
Got a post-verdict…what next?: Cathál MacPartholán provides judicial review advice for junior crime counsel in the magistrates’ court

In brief

  • The appellate routes from the magistrates’ court are: judicial review, stating a case, and appeal to the crown court.
  • Outlining the appellate routes from the magistrates’ court.
  • Practically exploring, and practically advising on, each route’s relative merits.

Despite being perhaps the most commonly-frequented court by second-six pupils and junior counsel, the magistrates’ court is not always the most procedurally straightforward. Nor are the routes of recourse open to the disgruntled defendant in crime cases always as clear as they should be. This article aims to summarise and synthesise this situation as it stands, in order to provide some general advice, and specific tips for responding to the common client question of, ‘what next?’ post-verdict (or sentence).

Traditionally, R v Hereford Magistrates’ Court, ex p Rowlands [1998] QB 110 suggests:

  • Errors of fact (or a mixture of fact and law) lead to appeal to the crown court.
  • Errors of law, or a lay bench exceeding their jurisdiction, lead
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll