Complain
or Appeal
If you are unhappy
about the decision made by the Judge in your case, you may be able to
appeal against the decision to a judge in a higher court. There must
be proper grounds for making an appeal and there are strict time limits
within which to do so. If
you are unhappy about the personal conduct of a judge you can complain
to the Office for Judicial Complaints.
Appeal
a judge's decision
If you are unhappy about the decision made by the Judge in your case,
you may be able to appeal against the decision to a judge in a higher
court. There must be proper grounds for making an appeal and there are
strict time limits within which to do so.
Appeals against
the decision of the magistrates' court in criminal cases are heard by
the Crown Court. The appeal is made to the magistrates' court and the
papers sent by the magistrates' court staff to the Crown Court.
For Crown
and county courts you can appeal both civil and criminal cases, but
it would be necessary to seek permission or 'leave' from a judge before
an appeal can be made against a conviction in a criminal case.
Applications
to appeal, and for leave to appeal against decisions made by the Crown
Court are dealt with by the Court of Appeal Criminal Division.
Appeals against
the outcome of a hearing in a county court or a High Court, on the other
hand, are mostly dealt with by the Court of Appeal Civil Division.
Office
for Judicial Complaints
The Office for Judicial Complaints
is an associated office of the Department for Constitutional Affairs
(DCA). The OJC will look into any complaint about the personal conduct
of a judge, member of small tribunal or coroner. Examples of personal
misconduct would be the use of insulting, racist or sexist language.
The OJC cannot deal
with any complaints about a judge's decision or about how he or she
has handled a case.
Your complaint
should be made as soon as possible and in any event, no later than 12
months after the incident that you wish to complain about. If your case
or your appeal is ongoing, they will not be able to consider your complaint
until the case is closed; but you should still let them know about your
complaint as soon as you can. If you have a complaint about the OJC
you should contact the Judicial Appointments and Conduct Ombudsman.
Judicial
Appointments and Conduct Ombudsman
The
Judicial Appointments and Conduct Ombudsman investigates complaints
about the judicial appointments process and the handling of matters
involving judicial discipline or conduct and seek redress in the event
of maladministration. 'Maladministration' includes delay, rudeness,
bias, faulty procedures, offering misleading advice, refusal to answer
questions and unfair treatment.
Complaints
should be in writing, typed if at all possible, and signed (unless sent
be e-mail). You should include the following:
-
Your
name and preferred contact details;
-
Details
of your complaint;
-
Any
information that you feel would assist the Ombudsman in investigating
your complaint.
-
It
will speed up the processing of your complaint if you include the
following statement:
In most cases
it will be impractical to proceed with a complaint if permission is
withheld. There is no right of appeal against the Ombudsman's recommendations.
However, in relation to judicial conduct complaints, the Ombudsman may
set aside a determination made in a case and direct that the case be
referred to a review body or be subject to judicial investigation. A
review body can completely review the facts of a case, and recommend
to the Lord Chancellor and the Lord Chief Justice what, if any, action
should be taken.
