How do I appeal a magistrates’ court conviction? Task
How you appeal will depend on whether you went to your trial. It will also depend on whether you were sentenced at a magistrates’ court or a Crown Court.
You can appeal against your conviction, sentence or both if you pleaded not guilty at your trial. If you pleaded guilty, you can only appeal against your sentence.
You must appeal within 21 days of the date you were sentenced.
If you do not, you’ll have to ask the Crown Court for permission before you can appeal. The magistrates’ court where you had your trial will tell you how to do this.
Talk to your legal representative (if you have one) or get help from a legal adviser before you appeal.
Send the form by post or email. The address is on the form.
Contact the magistrates’ court that passed the sentence or convicted you. You might not have attended your trial if you:
- Did not realise you’d been convicted of an offence, for example, a speeding fine.
- Were unable to enter a plea or mitigation at the time. Mitigation or mitigating factors are things that could reduce the level of blame or responsibility you might have.
They’ll let you know if the case can be reopened.
The court will make a decision on your appeal at a hearing.
You’ll get a letter within 80 days of making your appeal to let you know when and where the hearing will take place.
The hearing is usually held at your nearest Crown Court.
You’ll have the chance to present your case to the judge and magistrates. Representatives from the prosecution will present the case against you.
The judge might also ask you questions during the hearing.
You’ll be told at the end of the hearing whether you’ve won your appeal. You’ll also be sent a copy of the judge’s decision by post.
You can apply to stop your appeal before the hearing. Your appeal cannot be restarted once it’s been stopped.
You must also send a copy to any other parties involved in the case, for example, a prosecutor.
If you win your appeal against your conviction, your sentence will no longer apply. You might be able to apply to get compensation.
If you win your appeal against your sentence, it will be reduced.
The court might decide you can get some of your legal costs paid back, for example, your solicitor’s fee.
Your original sentence or conviction might change.
Check with your legal adviser if you can appeal again. You might have to pay extra costs if you do.