Crown Court's sentencing powers on an appeal against conviction from magistrates (SCA 1981 s.48)
Ewan Stewart is convicted of theft by a magistrates' court in England and fined. He appeals to the Crown Court against conviction only. The Crown Court dismisses the appeal and considers that the fine was unduly lenient for the offence.
Which of the following best describes the Crown Court's power over Ewan's sentence?
Choose one answer to see the reasoning.
Worked answer
Correct answer D: It may impose any punishment, more or less severe than the fine, that the magistrates' court could have imposed.
THE RULE TO REMEMBER
On an appeal from the magistrates against conviction or sentence, the Crown Court may impose any punishment, more or less severe, within the magistrates' court's powers.
Crown Court's sentencing powers on an appeal against conviction from magistrates (SCA 1981 s.48)
Under s.48(2) of the Senior Courts Act 1981 the Crown Court, at the end of an appeal, may confirm, reverse or vary any part of the decision appealed against, remit the matter, or make any other order that the lower court could have made. Section 48(4) provides that, where the appeal is against a conviction or a sentence, these powers include the power to award any punishment, whether more or less severe than that awarded by the magistrates' court, provided it is a punishment that magistrates' court might have awarded. An appeal against conviction alone therefore exposes Ewan to an increased sentence, capped at the magistrates' court's powers. This is an important point of advice to give a client before lodging an appeal from the magistrates' court.
Why A is wrong: Section 48(4) applies where the appeal is against conviction or sentence, so the whole decision can be varied.
Why B is wrong: The Crown Court is limited to a punishment the magistrates' court could have awarded.
Why C is wrong: Section 48(4) expressly allows a more severe punishment, even though only the defendant appealed.
Why E is wrong: Remission is only one option; the Crown Court may vary the sentence itself under s.48(2) and (4).
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