MAGISTRATES COURT ACT 1991 - SECT 42
MAGISTRATES COURT ACT 1991 - SECT 42
(1) A party to a
criminal action may, subject to this section and in accordance with the rules
of the appellate court, appeal against any judgment given in the action
(including a judgment dismissing a charge of a summary or minor indictable
offence but not any judgment arising from committal proceedings).
(1a) An appeal does
not, however, lie against an interlocutory judgment unless—
(a) the
judgment stays the proceedings; or
(b) the
judgment destroys or substantially weakens the basis of the prosecution case
and, if correct, is likely to lead to abandonment of the prosecution; or
(c) the
Court or the appellate court is satisfied that there are special reasons why
it would be in the interests of the administration of justice to have the
appeal determined before commencement or completion of the trial and grants
its permission for an appeal.
(ab) in
the case of a sentence passed on the conviction of a person of an offence that
is, or offences that include, a major indictable offence—to the Court of
Appeal with the permission of the Court of Appeal; or
(b) in
any other case—to the Supreme Court constituted of a single Judge (but
the Judge may, if he or she thinks fit, refer the appeal for hearing and
determination by the Court of Appeal).
(4) On an appeal, the
appellate court may, if the interests of justice so require, re-hear any
witnesses or receive fresh evidence.
(5) On the hearing of
the appeal, the appellate court may exercise any one or more of the following
powers:
(a) it
may confirm, vary or quash the judgment subject to the appeal and, if the
Court thinks the interests of justice so require, it may vary or quash any
other judgment given in the same or related proceedings;
(b) it
may remit the case for hearing or further hearing before the
Magistrates Court;
(c) it
may make any other order (including, subject to subsection (5a), an order
for costs) that may be necessary or desirable in the circumstances.
(5a) The Court of
Appeal may not make an order for costs in relation to an appeal to the Court
of Appeal of a kind referred to in subsection (2)(ab).
(6) Where a judgment
or order has been confirmed, varied or made on appeal under this section, the
Magistrates Court has the same authority to enforce that judgment or order as
if it had not been appealed against or had been made in the first instance.