Appeals If you are not satisfied with the outcome of your case in the Magistrates' Court, you do have the right of an appeal against conviction (finding of guilt) and or sentence (penalty imposed) to the Crown Court. Any such appeal must be lodged within 21 days of the date of the Magistrates' Court hearing.
An appeal against conviction is effectively a re-trial when all the evidence will be heard again. If you are aggrieved about the decision of the Magistrates' Court, contact us straight away so we can advise you in relation to whether there is a good chance of successfully overturning the conviction.
An appeal to the Crown Court is a complete re-hearing and the case is considered by a Crown Court Judge and two magistrates, neither of whom had any involvement in the Magistrates' Court. An appeal to the Crown Court is a complete re-hearing, which means that the Court starts with a completely blank sheet of paper as though the original Magistrates' Court case never happened. This can work for or against the person appealing, as the Crown Court can increase as well as decrease the sentence imposed by the Magistrates.
If you were disqualified as a result of the case in the Magistrates' Court it may be possible for the disqualification to be suspended pending appeal.
Another route of appeal is to the Administrative Court (High Court) in London by way of judicial review. An appeal to the Administrative Court is not a rehearing but is lodged on the basis that the Court has made an error of law that should be overturned. This route of appeal is a much more complex and time consuming process (cases tend to take around 12 months to be heard at the High Court). Consequently, it tends to be the most costly.
motoringlawyers.com has extensive experience of conducting appeals, both in the Crown Court and Administrative Court.
