Magistrates Court to Crown Court

Appealing a conviction when you have been found guilty after a trial can be a confusing and frustrating process.  Whether you have been convicted in the Magistrates Court or the Crown Court, there are always tight timescales to adhere to and complicated paperwork to complete.  

Even the decision as to whether or to pursue an appeal or not can seem overwhelming, as the consequences of an unsuccessful appeal can be costly.

Our experienced team of lawyers can help you.  We will carefully consider all aspects of your case and provide you with the balanced and practical advice you need to help you decide whether you wish to appeal.  Should you choose to pursue an appeal against your conviction, we will meticulously prepare your case and ensure the best possible representation at Court to maximise your chances of success; guiding you through the process throughout.

If you are considering an appeal of any kind, be it from the Magistrates Court or Crown Court, it is vital that you contact us quickly, whether or not we acted for you in the first instance. There is no right to appeal out of time but we may be able to help with drafting reasons, where the deadline has passed.  We can deal with all the formalities and ensure that your case is properly considered, prepared and presented to the Court.  Or we can simply offer a valuable ‘second opinion’.  What you can be sure of is realistic, legally sound advice that will not leave you exposed to any further, avoidable risk.

We act on a privately paying basis only. We will always discuss with you what the case is likely to cost before you pay and will always aim to keep your costs as low as possible, ensuring you get value for money.

 

Whether you plead guilty, or find yourself convicted after a trial or a Newton Hearing, it’s important to know that the Court has sentenced you correctly and proportionately.  It could be your liberty which is at stake, your driving licence, or the chance to engage in rehabilitation with the Probation Service or Youth Offending Team within the community.  You may have received an ‘ancillary order’ such as a Criminal Behaviour Order, Restraining Order, Sexual Harm Prevention Order or similar.  We can advise you as to whether the terms of this are fair or whether they could be varied.

Sentencing can be tricky, and in addition to the Sentencing Guidelines that the Court often has to follow for the relevant offence, a number of other factors need to be taken into account in order to determine the appropriate sentence.  It is unsurprising therefore, that occasionally the Court might make a mistake in deciding your sentence.

Our lawyers will always advise you at the end of your case as to whether there is any basis for appealing your sentence.  If you decide to appeal a sentence, there are strict deadlines involved and it’s important that you get in touch with us quickly.  Our specialist team will ensure that we have all the relevant information and evidence to put before the Court, as well as case law which may support your argument.  With the best possible representation at any appeal hearing, you can rest assured that your chances of success are maximised.

 

Overview

If you’re unhappy with a decision made by a magistrates’ court, you can challenge it or ask for it to be reviewed.

You can instruct us to challenge a magistrates’ court decision.

This my include the following: 

 

You might be able to ask for your fine or the payment terms to be reviewed if any of the following apply:

•you cannot afford the regular payments

•you cannot pay within the timeframe you’ve been given

•you earn less than £440 a week and the court did not know this when it gave you the fine

 

You can ask the court to reopen the case for the following reasons: 

1.If you think someone else committed the crime. For example, your name could have been given in relation to a traffic offence that you did not commit. 

2.If you did not know about it, so you were not able to plead either guilty or not guilty. You’ll need to make a legal statement known as a ‘statutory declaration’ to reopen your case. You usually need to do this within 21 days of finding out about the proceedings.

3.If the court did not have all the information and you did not have the opportunity to write  or speak to the court about your case or the court did not receive documents to support your case. 

 

If you were able to plead guilty or not guilty, but you still disagree with the decision that was made, you can appeal to the crown court. 

 

You might do this if you think the decision was unfair or the judges failed to consider your circumstances or all the evidence available. 

 

If you pleaded guilty, you can only appeal against your sentence.

 

You can instruct us to download and fill in the appeal to the crown court form. 

 

You usually need to appeal within 15 working days of the date you were sentenced.

If you appeal after 15 working days, you need to explain why your appeal is late in the form and provide evidence. The Crown Court may not consider your late appeal.

 

The Crown Court will make a decision on your appeal at a hearing. It may hold a preliminary hearing first, to decide how the evidence should be given.

You’ll get a letter to let you know when and where the hearing, or preliminary hearing, will take place.

 

You’ll have the chance to present your case to the judge and magistrates. Representatives from the prosecution will present the case against you.

The judge might also ask you questions during the hearing.

You’ll be told whether you’ve won your appeal at the hearing. You’ll also be sent a copy of the judge’s decision by post.

You can apply to stop your appeal before the hearing. Your appeal cannot be restarted once it’s been stopped.

A notice of abandonment of appeal has to be sent to the magistrates’ court where you sent your appeal and the Crown Court where your hearing will take place.

You must also send a copy to any other parties involved in the case, for example a prosecutor.

If you win your appeal against your conviction, your sentence will no longer apply. You might be able to receive compensation. 

If you win your appeal against your sentence, it will be reduced.

The court might decide you can get some of your legal costs paid back, for example your solicitor’s fee.

 

Your original sentence or conviction might change.