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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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how to get an appeal at county court in a higher court

Resolved Question:

how to get an appeal at county court in a higher court

its an appeal of a contempt of court, its a mess and basically the court staff are lost as CPS

the magistrate found me in contempt,which i wasnt, and erred by deciding himself to jail me at the same hearing instead of sending me to another judge/Court for trial before committal

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Can I be clear, its a Magistrates Court decision or County Court please?

Customer:

i went to a magistrates court to present myself and railroaded me straight out for contempt, (which i feel strongly in didnt) the same magistrate gave me 28 days, i got bail 3 days later,..i appealed both conviction and sentence and it was put in a county court ,..last week the CPS withdrew saying they werent the respondent, ...my understanding is the man acting as magistrate is, BUT, that has yet to be established .he hasnt followed procedure in once he made a claim he was meant to send me for trial with another 'judge rather than sentencing himself ,and he has erred in that respect, ..my understanding is comtempt falls under common law and is criminal and has to be proven beyond reason doubt ,..so far as i understand county court being admiral isnt the proper court/jurisdiction, they say it is ...i feel it should be Higher Court,hence your much appreciated advice, thank you

Alex Watts :

On what basis were you found in contempt?

Customer:

he,the magistrate , claimed 'misbehaving' ....but i certainly did not i was there presenting myself,and remained in honour the whole time, there was no shouting or bad words ..they refused to engage with me wouldnt take any documents from me and id quite a bundle prepared for to make a good defence , i offered them into the 'court' ,.usher,clerk,prosecutor,magistrate would not take them,...next thing he had guards around me trailing me to the cells ,..half an hour later he had me brought back in and said he was finding me in contempt and giving me 28 days ...i was flabbergasted,..so now appealing it as i didnt contempt anything ,...nor do i believe a magistrate sitting alone can even be 'contempted' as such ,....i believe i can prove my innocence ,with 2 witnesses and a local paper reporter and a constable that was there ,said hed be a witness for me ......i just need the correct venue and county court dosent seem to be it

Alex Watts :

Ok - it would be the Crown Court.

Alex Watts :

A Judge can sit on his own, this is a District Judge. It does not need to be a Magistrate.

Alex Watts :

But the correct place to appeal is the Crown Court.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

yes thank-you your confirming what was my understanding, but its still not answering my original question i need it moved from county court to crown court and was wanting to know how i done that

Alex Watts :

You need to appeal. You ask the Court for the appeal forms.

Alex Watts :

The case then gets moved.

Alex Watts :

Does that help?

Customer:

ok,sorry one last question,..cause im doing this myself ,..do i appeal to county to move the appeal to Crown,..or do i do it the other way,.do i put an application to Appeal into Crown to bring the Appeal from county ,..many thanks

Alex Watts :

If it started in the Magistrates Court then it will go from there to the Crown Court. Once you lodge the papers this is automatic.

Alex Watts :

Does that help?

Customer:

yes it it started in the Magistrates, it should be in the Crown, but its somehow stuck in County ,..they think County is where it should be ,..i know it shouldnt,..i just want to take control, and get it into the right venue ... but as you'll know ,..once you do it yourself in the legal system .no one wants to help you much :( or from what i see,..either they dont want to know, or reality is they dont know !...thanks anyway

Alex Watts :

Happy to help - Can I clarify anything else for you?

Customer:

well i guess seeing you asked if you could clarify my understanding that a magistrate sitting alone in an Administrative Commercial jurisdiction in Law cant be contempted against,and even if it did, albeit they can claim contempt,..but the contemptor should be sent to another magistrate/judge for trial and judgement ,and certainly before committal,.. and if you could just clarify contempt civil or criminal and takes on/ falls into/ is under common Law and therefore must be proven beyond doubt in the proper venue

Customer:

thanks

Alex Watts : A single magistrate can find contempt if they are a judge.
Alex Watts : it must be proved yes beyond doubt.
Alex Watts : You can appeal from a magistrates court to a county coury.
Alex Watts : Court
Alex Watts : You can appeal at county court to the high court.
Alex Watts : It is the contempt of court act 1981
Alex Watts : Does that help?
Customer:

yes their using 'contempt of court act 1981',..woefully in my opinion

Customer:

what if i put in for them to 'state the case' to High Court

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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