Appeals
Appealing against a conviction/sentence
If you have been convicted of an offence in the Magistrates Court, and you are not happy with the outcome, it may be possible to appeal the decision. Alternatively, you have may have received a sentence which you feel is too severe and wish to have this lowered
How the Appeal Process works
In order to appeal, you must make sure your application is submitted within 21 days from the result of the decision of the Court and this will result in your case being re-heard at the Crown Court. An appeal is effectively a re-trial of your case, where the Crown Court will consider whether the Magistrate Court's decision was fair. It is a complete re-hearing which in effect means your case will start from scratch as though your case was never heard at the Magistrates Court. Your case will be heard in front of a Crown Court Judge and two magistrates, none of which will have had any previous involvement with your case
We strongly recommend you seek the advice of a solicitor who will be able to advise you on the chances of success of an appeal, the implications and the likely costs involved.
Result of an Appeal
If you were found guilty of an offence, then by having your case re-heard in the Crown Court and if you are found to be successful then you will be found not guilty.
If you are appealing against a sentence made, the Crown Court potentially has the ability to decrease or increase the sentence imposed by the Magistrates.
Appealing to the High Court
Another route of appeal is to the Administrative Court (High Court). This usually occurs if a decision made in the Magistrates Court was believed to be wrong in law. It is therefore not a re-hearing of the case, but the Magistrates would have to ‘state a case'. If the High Court believes an error was made by the Magistrates Court, then the decision could be overturned.
Appealing to the High Court is a very complex procedure and a very time consuming process and it is strongly advised legal advice is sought before considering an application.
For plain speaking practical advice, please contact Guy Adams, Kieran Hughes, Paul Light, Gareth Needs or Cindy Scobie.
If you have been convicted of an offence in the Magistrates Court, and you are not happy with the outcome, it may be possible to appeal the decision. Alternatively, you have may have received a sentence which you feel is too severe and wish to have this lowered
How the Appeal Process works
In order to appeal, you must make sure your application is submitted within 21 days from the result of the decision of the Court and this will result in your case being re-heard at the Crown Court. An appeal is effectively a re-trial of your case, where the Crown Court will consider whether the Magistrate Court's decision was fair. It is a complete re-hearing which in effect means your case will start from scratch as though your case was never heard at the Magistrates Court. Your case will be heard in front of a Crown Court Judge and two magistrates, none of which will have had any previous involvement with your case
We strongly recommend you seek the advice of a solicitor who will be able to advise you on the chances of success of an appeal, the implications and the likely costs involved.
Result of an Appeal
If you were found guilty of an offence, then by having your case re-heard in the Crown Court and if you are found to be successful then you will be found not guilty.
If you are appealing against a sentence made, the Crown Court potentially has the ability to decrease or increase the sentence imposed by the Magistrates.
Appealing to the High Court
Another route of appeal is to the Administrative Court (High Court). This usually occurs if a decision made in the Magistrates Court was believed to be wrong in law. It is therefore not a re-hearing of the case, but the Magistrates would have to ‘state a case'. If the High Court believes an error was made by the Magistrates Court, then the decision could be overturned.
Appealing to the High Court is a very complex procedure and a very time consuming process and it is strongly advised legal advice is sought before considering an application.
For plain speaking practical advice, please contact Guy Adams, Kieran Hughes, Paul Light, Gareth Needs or Cindy Scobie.
