ABSTRACT

Where an appellant chooses to appeal to the Crown Court, there can be a subsequent appeal by way of case stated direct to the High Court where the Crown Court makes an error of law or acts in excess of its jurisdiction: James v Chief Constable of Kent (1986) The Times, 7 June. Guidance as to which appellate jurisdiction to use was provided in Tucker v DPP (Note 1991) [1994] RTR 203. Woolf LJ stated that, for those convicted by justices who wish to appeal sentence, in all but the most exceptional cases, appeal to the Crown Court was the most appropriate remedy. See, also, R v Ealing Justices ex p Scrafield [1994] RTR 195.