This article concerns the legal mechanisms by way of which a decision of an England and Wales magistrates' court may be challenged.
[1] There is no strict time limit for making an application for a case to be re-heard but delay can be taken into account when deciding whether or not to order a re-hearing.
[3] A magistrates' court has power to vary or rescind an order made by it, which includes a sentence.
[8] The appeal will ordinarily be heard by a Crown Court judge and two magistrates (who will not be those involved in the original trial).
The presiding judge should give reasons for the decision, whether the appeal is allowed or refused.
[10] Applications made out of time may be considered by the Crown Court, taking into account the merits of the case and the reasons for the delay.
A party aggrieved by the decision of the Crown Court may appeal by way of case stated[12] or apply for judicial review.
This process may be used where the challenge is on the basis that the magistrates' decision is wrong in law or is in excess of jurisdiction.
[18] An application for judicial review may be made on the grounds that the magistrates' court has exceeded its powers by making an error of law, acting outside of its jurisdiction or breached natural justice.
Appeal by way of case stated should be the ordinary method of challenge where it is alleged there has been an error of law.