Being safe on the internet (was Re: Here we go again - ISP DPI, but is it interception?)
peter at pmsommer.com
Wed Aug 4 14:30:01 BST 2010
On 04/08/2010 12:30, Francis Davey wrote:
> Not in this case, no. An appeal under s.108 of the Magistrates' Courts
> Act 1980 results in a re-hearing of the case, i.e. a fresh trial in
> the Crown Court.
> Trust me, I'm a lawyer8-).
I stand corrected - very very few of my cases are in the magistrates'
But I think you are referring to the procedure - surely there have to
be thresh-hold tests for an appeal to be allowed (other than that the
defendant didn't like the initial outcome).? And presumably they would
have to be very similar to the ones I outlined - wrong in law or a
bizarre finding of fact (though I have to say I can't see this
immediately in the 1980 Act),
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