Area of Law – Sentencing

An Article about County Court Appeal

Appeal – Powers of County Court on appeal
A County Court appeal is hearing the matter de novo. That is a complete rehearing of the matter.

It obviously can get a bit more complicated than that depending on the circumstances but generally;

1. If the matter is a sentencing matter then the summary is read out as it was in the Magistrates Court. Submissions are made on your behalf by your lawyer and then the Judge re-sentences you.

2. On an appeal against a finding of guilt (ie appeal against conviction) the evidence is heard again and then the Judge determines your guilt or innocence in relation to the charges.

County Court appeals are governed by the Magistrates Court Act 1989. An extract of the powers of the County Court on a County Court appeal is listed below

“86. Powers of County Court on appeal

(1) On the hearing of an appeal under section 83 or 84, the County Court-

(a) must set aside the order of the Magistrates’ Court; an

(b) may make any order which the County Court thinks just and which the Magistrates’ Court made or could have made; and

(c) may exercise any power which the Magistrates’ Court exercised or could have exercised. The rest of the section is found in the section below

MAGISTRATES’ COURT ACT 1989 – SECT 86 Powers of County Court on appeal”

 

Date: 09/01/2009