A Level Law Practice Exam

Which of the following is a possible outcome of a case stated appeal on a point of law to the Divisional Court?

1. The case must be tried again in the Crown Court

2. The conviction can be confirmed, varied or quashed

3. The punishment can be doubled

4. The Divisional Court can directly impose a new sentence

The correct answer is: The conviction can be confirmed, varied or quashed

The correct option highlights the powers of the Divisional Court when dealing with a case stated appeal on a point of law. The court has the authority to assess the legality of the original conviction and can take one of the following actions: confirm the conviction, vary it by modifying aspects of the decision, or quash it if it finds that the law was incorrectly applied or interpreted in the original proceedings. This reflects the court's role in ensuring that justice is administered correctly according to the law, and it is a fundamental part of the appeal process. The other options do not accurately describe the powers of the Divisional Court. For instance, the requirement for the case to be retried in the Crown Court is not a characteristic of a case stated appeal, which focuses on legal interpretations rather than a re-examination of the facts. The suggestion that the punishment could be doubled misrepresents the appeal process, as the court does not have the authority to impose an increased penalty based on a successful appeal based solely on a legal question. Lastly, the Divisional Court cannot directly impose a new sentence; it may quash or vary the conviction but must follow due process to ensure that any sentencing decisions adhere to legal standards and considerations.