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Can I appeal if I’m convicted before a magistrates’ court?

Many people convicted before magistrates feel aggrieved at the outcome and wish to consider an appeal. A grievance may arise because they think that their case was not prepared correctly, or that the court reached the wrong result.

For many people, a conviction could be a major barrier to employment or travel overseas, even where the offence itself is relatively minor.

The court process is far from perfect. If you have a grievance, it is only right and proper that you consider your options.

What can I do if I’m convicted by a magistrate?

The first thing to remember is that you must act quickly as you only have 21 days from the date of sentencing to appeal your conviction, so you should not delay in contacting us.

If more than 21 days have passed, then get in touch as soon as possible as we can advise on ‘out of time appeals’.

When you contact us, we will also be able to consider whether other avenues of appeal to the high court such are more suitable including:

  • Judicial review
  • Appeal by way of case stated

I pleaded guilty, can I appeal?

You may be able to appeal against ‘conviction’ if you pleaded guilty, but only if your plea is ‘equivocal’. In this instance, there are two remedies that we can explore with you.

Do I need permission to appeal?

An appeal against conviction from the magistrates’ court to the crown court is what is termed ‘an appeal as of right’, which means that you do not need any permission to appeal.

In effect, you are entitled to ‘2 bites of the cherry’ although there are some other issues, such as sentence and costs that you should consider first.

Button "Appeal procedure" on keyboard

Is sentence suspended pending an appeal?

Your sentence is not suspended pending appeal, although we can:

  • Apply for bail if you are in custody
  • Apply for any driving disqualification to be suspended

If you have been made subject to a community order, this will need to be complied with, although we will take steps to try and expedite the hearing.

What happens at the appeal hearing?

The crown court, presided over by a judge and lay magistrates rather than a jury, hears the case afresh.

We do however have a valuable opportunity to review what might have gone wrong at the first trial and take steps to remedy any failures.

We can also examine what other evidence ought to the gathered on your behalf, plus how we could potentially defend against the prosecution case.

What happens If I lose the appeal?

Should you lose your appeal, you will be re-sentenced by the crown court and be liable for prosecution costs. We will discuss the cost implications with you in detail before any decision to appeal is made.

It is important to note that the crown court is not restricted to the same sentence imposed by the magistrates’ court, so you may receive a higher penalty. This is one of the risks that you need to balance and one of the reasons why we will at an early stage examine the other avenues of appeal with you (judicial review and case stated).

Can I get legal aid?

Many people are eligible for legal aid and we can direct you to a legal aid provider if you wish. As the legal aid fee is so low, this is not an option we offer.

We will be happy to discuss fixed fee arrangements – the price of high-quality representation is almost certainly much less than you might imagine it to be. If you are successful in your appeal, some of your costs may be refunded.

In the first instance please contact Matthew Chugg on 01442 242999, or by email at matt@wheldonlaw.co.uk

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