A Level Law Practice Exam

If a sentence is being appealed from the Magistrates' Court, what can the Crown Court do?

1. Only confirm the original sentence

2. Decrease, increase, or confirm the sentence

3. Send the case back to the Magistrates' Court with recommendations

4. Heighten the charges against the offender

The correct answer is: Decrease, increase, or confirm the sentence

The correct answer is that the Crown Court can decrease, increase, or confirm the sentence issued by the Magistrates' Court. When a case is appealed to the Crown Court, the court has the authority to review the sentence comprehensively. This means it can assess whether the original sentence was appropriate considering the circumstances of the case and the legal principles involved. The potential for increasing a sentence allows the Crown Court to intervene if it finds that the initial penalty was too lenient. Conversely, if the Crown Court determines that the sentence was excessively harsh or not consistent with similar cases, it has the power to reduce the sentence. This flexibility ensures that justice is served appropriately in light of the facts of the case. Confirming the original sentence is also a possibility if the court finds no reason to change it. Other options, like sending the case back to the Magistrates' Court or heightening the charges, do not accurately reflect the functions of the Crown Court during an appeal process. The Crown Court is not intended to remand cases back to their previous court with recommendations or to alter the charges; its role is primarily to reconsider sentences based on the appeal presented.