It is important to know that when convicted and or sentenced and you pleaded not guilty in the Magistrates Court, you can appeal either or both of the convicted or sentenced verdicts. If you pleaded guilty you can you can only appeal against your sentence.
In order for the appeal to be heard you must appeal 21 days within the date you were sentenced. If you do not stick to this time frame you will need to seek permission from the Crown Court before appealing. The Magistrates court should assist you with this. It would be wise to seek legal advice before appealing. Our experienced barristers are on hand from the beginning of the appeal process should you at any time wish to discuss your appeal process.
The way in which you lodge an appeal will depend on whether your case proceeded to trial.
If your case went to a trial
Our Barristers can assist you in sending a required ‘magistrates’ court appeal notice form’ to the Magistrates court in which your trial took place.
In cases were you were convicted at Magistrates court but you were then sentenced a Crown Court you will need to follow separate rules should you wish to appeal a crown court verdict.
If your case did not get to a trial
You must contact the magistrates’ court that passed the sentence or convicted you. For some offences it may not have been clear to you that you had to attend court (speeding fine etc) the magistrates court will let you know if your case can be reopened.
Within 80 days of lodging an appeal you should get information as to where and when your hearing will take place. The court will then make a decision on your appeal at a hearing. The hearing will normally take place at a Crown Court nearest to your location. At the hearing you will get the opportunity to present your case and arguments to a judge and magistrates. A representative lawyer from the prosecution side of your case will make a case against you. You will then be told if you won your appeal at the hearing. During any stage you wish to stop your appeal our barristers can assist you with a notice of abandonment.
Outcomes of an Appeal
If you win an appeal against your conviction, your sentence will no longer apply. Our barristers can also discuss whether you are entitled to compensation. If you win an appeal against a sentence your sentence may be reduced. The court may then make a decision to award you your legal costs for example the fees you would have paid a solicitor. However if you loose an appeal your original sentence or conviction may change to appeal again.
Our Barristers are highly skilled and experienced in the appeal process and there to assist you through the entire process.