Appeals - Can I Appeal Against my Conviction?

Re-opening a Conviction

If you are convicted of an offence, it may be possible to re-open that conviction without the need to appeal.

An example of this maybe where the court is persuaded that the motorist didn't receive a summons and therefore was convicted in his absence without his knowledge.

If the court will not re-open your case then you may wish to appeal.

Appealing Against Being Found Guilty

If you are appealing against being found guilty then this will result in a re-hearing in the Crown Court and if successful you will be found not guilty of the offence.

Appealing Against a Sentence

An appeal against a sentence will involve the Crown Court considering whether the initial sentence decided at the Magistrates Court was fair. The Crown Court may lower the sentence against you if they feel that it was too severe.

We may be able to ask that the court suspends any driving disqualification that was made by the Magistrates Court until the outcome of the appeal.

The Appeals Process

An appeal against being found guilty or against the sentence imposed in the Magistrates Court must be lodged within 21 days of the day on which the court's decision was given. Before you do this we strongly recommend that you seek advice from a solicitor as to what your chances of success are at appeal and as to the procedure and the costs involved.

Appealing to the High Court

We may suggest that you appeal to the High Court if the decision made in the Magistrates Court was wrong in law or beyond their powers. This is known as asking the Magistrates to "state a case". The High Court will then decide whether in fact the Magistrates made a mistake. Again, this is a complicated area of the law where legal advice should be sought.

For expert advice, call us at Motoring Law Defence FREEPHONE on 0808 178 3288

"Defending the motorist throughout England and Wales"