Appeals from the Magistrates' Court
If you feel you have been wrongly convicted following a trial in the Magistrates' Court, you have an automatic right to appeal against your conviction to the Crown Court within 21 days. When you appeal you become known as the Appellant and the prosecution is referred to as the Respondent. You can appeal against the conviction or the sentence (or both).
As an example, let's assume you pleaded not guilty to a drink driving charge and the case went to trial. At the trial you gave evidence about why you believe you were not guilty. The prosecution probably brought some witnesses (usually police officers) who also gave evidence. After the trial the magistrates found you guilty of drink driving. You have the right to appeal this decision.
If you decide to appeal you must lodge a Notice of Appeal within 21 days of the sentence being imposed. You should state the grounds on which you want to appeal (e.g. because you don't agree with the decision of guilty). You can appeal out of time but you may have to give reasons why your application is late.
Download your appeal notice for free
An appeal would usually take place in the Crown Court where there is a complete rehearing of the case (assuming you appeal against conviction). The same witnesses are required to attend, including expert witnesses. A judge and two magistrates will hear the case and make a decision (your appeal would not be considered by a jury). If you appeal against the sentence only, the Crown Court will consider the facts of the case and determine whether the sentence is fair. To do this, they will review the Magistrates' Court Sentencing Guidelines and aggravating or mitigating factors.
The Crown Court will reduce the sentence if they feel that it is 'manifestly excessive'. This means that even if the sentence imposed by the magistrates is excessive, the Crown Court won't reduce it.
What are the risks?
It is important to understand that there are risks involved in appealing. First of all, you are liable for costs if your appeal is not successful. Costs can range from a couple of hundred pounds to a few thousand. Secondly - and perhaps more importantly - the Crown Court can increase the sentence if they think it is too lenient! This means that you could end up with a harsher sentence than what you started out with.
Your best option is to speak with a solicitor. Our team of specialist solicitors are on hand to offer free initial advice about the prospects of your appeal. We will offer an honest appraisal of your case.
Appeal by way of Case Stated
Case Stated appeals - from the Magistrates' Court
A person should appeal by way of case stated if they believe the magistrates have misapplied a point of law or jurisdiction. Take a look at the example below;
Jamie is charged with drink driving. He pleads not guilty because he only provided a single sample of breath at the police station. At his trial the magistrates find him guilty based on the single sample. Jamie appeals by way of case stated because, by law, the officer must take two specimens of breath. The prosecution cannot rely on a single sample. The magistrates have misapplied the law. On appeal, the High Court agree with Jamie and remit the case back to the magistrates for a finding of not guilty.
Most appeals from the Magistrates’ Court are made to the Crown Court. In certain circumstances it might be appropriate to appeal by way of Case Stated to the Administrative Court of the the Queen's Bench Division. We would normally ask for the opinion of the High Court on a matter of law.
The formal application to the magistrates to state a case must be in writing, signed by or on behalf of the applicant and made within 21 days of the decision being challenged. Be aware that there is no power to extend that time frame. The application must set out the questions of law on which the opinion of the High Court is sought and the proposed grounds of appeal. The appellant can find a copy of the application form online. A copy of the appeal notice must be sent to each party as well as the magistrates.
If the Magistrates' Court refuses to state a case, you can apply for a mandatory order requiring the Magistrates' Court to state a case.
No evidence will be called at the hearing because proceedings are based solely on the facts stated in the case.
Does it cost me to state a case?
There is no fee payable for the court to state a case in a criminal matter. Due to the complexities of this sort of appeal, it is advisable to hire an experienced legal team.
Seek a Judicial Review
A defendant or prosecutor may challenge decisions by the Magistrates' Court or Crown Court by way of judicial review. This is a challenge to the way in which a decision has been made rather than the correctness of the decision. You can find more information about JR's on the Official CPS website.
There are many similarities between judicial reviews and case stated. Both can be used in situations where the court is wrong in law or has acted in excess of its jurisdiction. The effect of both remedies is to set aside the decision of the court below.
Criminal Cases Review Commission
According to their website, The CCRC is an official independent body that has investigated thousands of potential miscarriages of justice in England, Wales and Northern Ireland. Their service is free and their powers are unique – only the CCRC can send cases back for a fresh appeal. Applications can be made by anyone who believes they have been wrongly convicted or sentenced, including those who have previously lost an appeal.
How the process works
You first need to apply to the CCRC. Download the forms you need to apply here.
When your application arrives at the CCRC they will check:
- if you have already tried to appeal.
- if you have applied to us before about the same conviction.
- that they have the legal powers to deal with your case.
Every application form is considered carefully and on its individual merits. If you have not applied to the CCRC before and have already lost your appeal, they will first need to collect all the papers they need. These are things like the files from the court where you were convicted and the papers from your first appeal. The CCRC can’t start the process of appeal until they have collected all the papers. Remember that you can apply for the paperwork too. It may make sense to do so before you contact the CCRC. This will speed up the review process.
If the CCRC conclude that there are issues in the case that need further investigation, they will appoint a Case Review Manager to carry out an investigation. The CCRC should keep you updated as the process continues.
NEXT STEPS: Free Legal Advice from M.A.J Law
M.A.J Law are a specialist team driving defence solicitors. We believe that every motorists has the right to independent legal advice. For that reason, we offer every motorist free specialist initial advice no matter what your circumstances.
What our clients say...
If you were convicted in the Magistrates' Court it may be because your legal team were unprepared for the technical nature of motoring offences. Always make sure you're represented by specialist driving defence solicitors. The aim is to prove you with the best chance of winning your case and avoiding a driving ban.
