Appealing Against Court Decisions
We are able to assist motorists who were unrepresented in the Magistrates’ Court or are unhappy with the outcome of their case. We can advise you as to the merits of challenging the outcome in your case and the prospects of pursuing an appeal.
Right to Appeal – Crown Court
Anyone who has been the subject of a conviction after trial and/or sentence imposed by a Magistrates’ Court has a right of appeal to the Crown Court. A sentence includes any order made by a court when dealing with a defendant such as disqualification from driving. It is therefore possible to appeal against the disqualification only without challenging a guilty verdict. It may also be possible to suspend a disqualification until the appeal is heard.
An appeal to the Crown Court is a re-hearing which means that the court hears at the case afresh and considers all the arguments before giving its decision.
Right to Appeal – High Court
Appeals to the Administrative Court can be lodged if there are reasons to disagree with the court’s interpretation of the law. In these cases the Magistrates may be asked to state a case for the High Court to decide whether an error of law has been made.
An appeal notice should be lodged within 21 days of the decision of the court which is being appealed against. If the appeal is lodged outside of this period, an application for leave to appeal out of time must be made.
Any appeal must not be started lightly. If you are unsuccessful and lose your appeal, the court can increase the sentence you received and/or order that you pay further prosecution and court costs. It is strongly advised that expert legal opinion is sought before any appeal is commenced.
Our lawyers have extensive experience of handling appeals in the Crown Court and Administrative Court.
For more information on motoring offences and how we can help you, please contact our Motoring, Crime and Regulatory Team on 01279 755777 or get in touch with Dan Hart, Solicitor Advocate in our Motoring, Crime and Regulatory Team.