How to Appeal a Magistrates Court Conviction

If you’ve been convicted by a Magistrates Court and you want to appeal against the conviction and/or sentence, then you need to act quickly to avoid losing the right to justice.

If you’ve been found guilty in the Magistrates Court and don’t believe the decision was the right one, then the next court in line in the Crown Court. Defendant’s often appeal against Magistrates’ decision for a variety of reasons, although common examples include:

• The sentence was too harsh (such as fine was too high or the ban was too long);
• The Magistrates got the law wrong;
• The Magistrates got the facts of the case wrong; or
• You were unaware of the charges (and subsequent conviction) against you and you were tried by the Court in your absence.

Following a Magistrates Court conviction, you have 21 days from the date of the conviction to appeal to the Crown Court by completing a Notice of Appeal. If you try to appeal outside this 21 day limitation period, you’ll have to ask the Court for permission to allow your appeal; and you’ve got to be prepared to give compelling reasons justifying the delay. A Notice of Appeal puts both the court system and the prosecutor’s office on notice that you intend to appeal against your conviction and/or sentence in the Crown Court.

The Notice of Appeal is a relatively short standardised form which must be completed and lodged with both the nearest Crown Court (most local to the Magistrates hearing), and the prosecuting authority (usually the Crown Prosecution Service) within 21 days of the Magistrates Court hearing. Once received by the Crown Court’s listing team, depending on the nature of the appeal, the Court will set a date for the appeal hearing. The hearing is typically a few weeks later, but may be more (depending on the current resources of the local Crown Court).

An appeal hearing is usually considered as a ‘re-hearing’ of the case previously tried in the Magistrates Court. Appeal hearings are heard by qualified Judges, and if you’re legally represented, it’s usually a matter for the defence lawyer to plea with the Judge that the findings of the Magistrates Court were wrong (for a/multiple reason(s) as detailed above). A lawyer from the prosecuting authority will also be present to argue their case before the Judge as to why the Magistrates decision was just. An outcome of the appeal hearing could provide that you could either have your conviction overturned or your sentence lessened, your conviction and sentence may be upheld, or in some instances; you could open yourself up to a harsher sentence; so the risks are always subsistent.

We have vast experience in preparing Notice of Appeals, preparing for appeal hearings, and representing clients at appeal hearings in the Crown Court on a variety of laws. Get in touch with our Criminal Law team today on 01924 379 078 so we can fight your corner to achieve the best possible result for you at an appeal.