Can a District Judge refuse permission to appeal to the Circuit

Fred Swanson

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benway

Nope.

There may be some exceptions that I'm not aware of, but in standard criminal matters there's an automatic right of appeal to the Circuit Court, the DJ has no say in it.

johnnyskeleton

They don't even have to be asked you just lodge appeal papers. They can set recogs artificially high but that way leads to haboland.

They can refuse to state a case to the high court if they think it is frivolous.

cashie88

As far as I know you lodge an appeal called 'case stated' to the high court who will send there recommendations back to the district court to enforce. But as you have a right to a trial you also have a right to appeal so he/she cant stop u!

angeldelight

No they can't refuse you leave to appeal however if you chose the district court for your case to be heard you can't have a jury for your appeal

Fred Swanson

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Pappa Charlie

No, district court can always be appealed to circuit court, the conviction or the severity of sentence or both!

Pro Hoc Vice

Fred Swanson wrote: »

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In civil matters there are a couple of cases where appeal is not allowed you will need to look at section 84 (as amended) of the Courts of Justice Act 1924, the original section-
"Appeal in civil cases.

84.—An appeal shall lie in all cases other than criminal cases from any decision of a Justice of the District Court to the Judge of the Circuit Court within whose Circuit the District or any part of the District of the Justice, lies, and the decision of the Judge of the Circuit Court on any such appeal shall be final and conclusive and not appealable."

Criminal appeals are in section 85, Section 85 was repealed in 1928 the 1928 section-

"18.—(1) An appeal shall lie in criminal cases from a Justice of the District Court against any order (not being merely an order returning for trial or binding to the peace or good behaviour or to both the peace and good behaviour) for the payment of a penal or other sum or for the doing of anything at any expense or for the estreating of any recognizance or for the undergoing of any term of imprisonment by the person against whom the order shall have been made.

(2) Where immediately before the commencement of Part III of the Principal Act an appeal lay in a criminal case at the instance of a complainant or prosecutor against an order of a District Justice appointed under the District Justices (Temporary Provisions) Act, 1923 (No. 6 of 1923) an appeal of the like kind shall lie in such criminal case at the instance of a complainant or prosecutor from an order of a Justice of the District Court.

(3) Every appeal under this section from an order of a Justice of the District Court shall lie to the Judge of the Circuit Court within whose circuit the District or any part of the District of such Justice lies, and the decision of such Judge on such appeal shall be final and conclusive and not appealable."

From my quick reading section 18 of the 1928 act has had a few amendments but I don't believe anything taking away the right of appeal.