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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll