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