Appeal against Conviction and/or Sentence

There are two ways in which you may appeal.

You may appeal to the Crown Court against a conviction and/or sentence within 21 days of the judgment against you. This deadline is strict and, therefore, it is essential that you act promptly, and receive urgent legal advice, if you wish to lodge an appeal. An appeal to the Crown Court against conviction will result in a re-hearing and, if successful, you will be acquitted of the offence alleged, i.e found not guilty. An appeal against sentence only will result in the Crown Court considering whether the penalty that the Magistrates imposed was fair. The Crown Court have the power to reduce a sentence that they believe was excessive.

It is possible to appeal to the High Court if the Magistrates who convicted you of the original offence made a mistake in law. This is known as asking the Magistrates to “state a case” and is not a rehearing. The High Court will decide whether, in fact, the Magistrates made an error. If it finds that they did then it is usual to be acquitted or found not guilty of the initial offence. Again, a strict 21 day deadline applies in relation to appealing in this way.

In either case we will advise you on the merits of any appeal, although for this we will require sight of the evidence against you and a copy of the Magistrates reasons. We will also be able to advise you in relation to the likely cost of an appeal. It is possible for us to request that the Court suspends any disqualification, that it may have imposed, pending the outcome of an appeal and we can discuss this option with you.