your right to appeal
crown court appeals
Most appeals are made to the Crown Court. The case will be completely reheard from scratch (or de novo as lawyers refer to it.) Although it is in the Crown Court, there will be no jury. The case will be heard by a Crown Court Judge assisted by 2 Magistrates. This panel will make the decision about your case.
It must always be remembered that if you lose your appeal, you will be liable for extra court costs and the court can resentence you. The resentence can be greater than the original sentence. For these reasons, it is strongly advised that expert legal opinion is sought before any appeal is commenced.
administrative court appeals
In some cases, the Magistrates get the law wrong or apply it incorrectly. In those cases their decision can be challenged either by Judicial Review or by Case Stated.
These are complicated procedures and should only be contemplated with expert assistance.
Please note, this is a summary only of the appeals process. We strongly advise that you discuss your case in detail with an expert before following this course.
If you are convicted (i.e. found guilty) of any motoring offence in the Magistrates' Court, you have the right to appeal against the conviction. You can also appeal against the sentence imposed upon you by the court. For instance, you may not disagree with the conviction but believe that the court was wrong to disqualify you from driving - you are entitled to appeal against the disqualification only. Whilst waiting for the appeal hearing, it is possible to suspend the disqualification which was imposed upon you.
time limits apply: Your written notice of appeal must be served within 21 days of the date upon which you were sentenced by the Magistrates.
