A defendant has an automatic right of appeal from the magistrates' court to the Crown Court following a plea of not guilty against either a conviction or sentence, or both. An appeal against conviction can be on points of law or fact and the appeal will be by way of a full rehearing of the case in the Crown Court, including calling all those witnesses on whose evidence they seek to rely.
A defendant has an automatic right of appeal from the magistrates' court to the Crown Court following a guilty plea in respect of their sentence only. The Crown Court will carry out a full rehearing of the issues and take an independent view based on the evidence as to what the correct sentence should be.
Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pt 34 governs the making of appeals to the Crown Court.
Practice Note: Appeal against sentence in the Crown Court explains how to appeal to the Crown Court against a sentence imposed by the magistrates’ court. It covers when an appeal against sentence should...
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