Appeal against sentence in the Crown Court
Appeal against sentence in the Crown Court

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Appeal against sentence in the Crown Court
  • Asking the magistrates’ to correct minor errors in sentence
  • Appealing a sentence imposed by the magistrates’ court
  • When can an appeal against sentence be made?
  • Procedure of appeal to the Crown Court against sentence only
  • Bail pending appeal in the Crown Court
  • Criminal Cases Review Commission references
  • Duties of the magistrates’ court office when an appeal is made
  • Abandoning an appeal against sentence
  • Powers of the Crown Court on appeal
  • more

This Practice Note explains how to appeal to the Crown Court against a sentence imposed by the magistrates’ court. It may be read in conjunction with Practice Note: Appealing a conviction in the Crown Court.

For detailed guidance on appealing a sentence imposed in the Crown Court, see Practice Notes: Starting an appeal in the Court of Appeal Criminal Division (CACD) and Criminal appeals—certificates of fitness to appeal from the Crown Court.

Asking the magistrates’ to correct minor errors in sentence

If a minor error in sentence has been made by the magistrates’, practitioners should consider applying to the magistrates’ to vary or correct the sentence, rather than commencing a full appeal against sentence to the Crown Court.

The magistrates’ court has the power to vary or rescind a sentence or other order made on conviction (such as costs order, disqualification order and victim surcharge order) if it is the interests of justice to do so.

The power under section 142 of the Magistrates’ Courts Act 1980 (MCA 1980) is limited to correcting sentencing mistakes and should only be used in exceptional circumstances. Usually, this power is used where the mistake is quickly identified and it is accepted on all sides that a mistake had been made and needs to be corrected. This power is typically used to correct minor errors in sentencing,