Appealing from a Magistrates' Court

Appealing from a Magistrates' Court

Postby kevin » Thu Sep 17, 2009 9:38 pm

if you loose your case before a magistrate the next step is to appeal to the crown court, this must be done within 21 days

find info on this here

should you loose that appeal you may if you wish take it to The Criminal Cases Review Commission

asking the magistrates or the judge to ‘state a case’ for the opinion of the High Court. A ‘case stated’ only relates to a question of law.

Magistrates Courts Act 1980, ss. 111 to 114
111.(1) Any person who was a party to any proceeding before a magistrates court or is aggrieved by the conviction, order, determination or other proceeding of the court may question the proceeding on the ground that it is wrong in law or is in excess of jurisdiction by applying to the justices composing the court to state a case for the opinion of the High Court on the question of law or jurisdiction involved; but a person shall not make an application under this section in respect of a decision against which he has a right of appeal to the High Court or which by virtue of any enactment passed after 31st December 1879 is final.

Re: Appealing from a Magistrates' Court

Postby Veronica » Fri Sep 18, 2009 12:21 pm

Sure ... the Case Stated is the route, because - "denying you the right to defend yourself" (which is what they are doing) - is a matter of Law.

The basis tenet of Law is your right to defend yourself ... your right to be heard in your own defence, and the right to question others who are making claims against you. You have the right to question those claims.

That's the Law.

If they are going to demand that you take an Oath to "tell the truth, the whole truth ..." then they must give you the time to express that truth.

And I, personally, based on experience, see this as their Achilles Heel. They do NOT allow you to speak ... simply because they would lose if you did! But, in denying you the right to speak, they are denying you your defence.

What we need to to make sure that YOU ALWAYS HAVE A WITNESS ... THE MORE THE BETTER. Obviously someone who will swear an affidavit.

We have our defences ready ... we've worked that out ... that's not the problem now. The problem is they don't allow us to express them.

BUT THAT IS THE ONLY TRICK THEY HAVE UP THEIR SLEEVE! If they had something else, they would surely use it, would they not?

But they can only get away with this while we let them. If we stop letting them, then they are powerless & toothless.

Thanks for this kevin.
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