If your case is dealt with by the Magistrates Court and you are unhappy with the decision, you are entitled to lodge an appeal.

This can either be against the finding of the court if you think you were convicted against the weight of the evidence or against the sentence imposed if you think the penalty was unduly harsh.

This has to be done on a specific form within a specific time frame. The appeal would be heard at the Crown Court. Find out more about how to appeal a magistrates court decision from our expert criminal solicitor, Vanessa, below:

What Are the Grounds for A Magistrates Court Appeal?

In relation to an appeal against conviction, the grounds must relate to either where the magistrates have made an error in applying the law to the facts of your particular case; Or that they have not given sufficient consideration to the evidence that you produced as part of your defence.

In an appeal against a sentence, the grounds must relate to the sentence being “manifestly excessive”. This means that the penalty must be beyond what you would expect a particular offence to carry, taking into account the Sentencing Guidelines.

Appeals Against Convictions

An appeal against conviction in effect takes the form of a re-hearing of the original case, but before a different Tribunal, usually consisting of a Crown Court Judge and 1 or 2 lay Magistrates.

Appeals Against Sentences

An appeal against a sentence again takes the form of a re-hearing of the original case, with the opportunity to point out why you think the original court got the sentence wrong.

Be warned though, the Crown Court has the power to increase the original sentence as well as reduce it. And they can order that any failed appeal, conviction or sentence, results in the payment of the costs of the prosecution. An appeal is not without its risks.

What is the Process for a Magistrates Court Appeal?

A Notice of Appeal has to be submitted to the Crown Court within 21 days of the case being completed.

This document has to set out in some detail the reasons for the appeal, and drafting this document can be something of an art form.

What Are the Fees Involved?

As Appeals are heard by the Crown Court, the fees can be quite substantial. An appeal usually involves instructing a Barrister. At Best Solicitors, we have in-house counsel which is often a more cost-effective method of pursuing an appeal.

In many cases, Legal Aid is available, depending upon the means and the nature of the case.

If you do not qualify for legal aid then you will have to pay your own fees for legal representation. These fees are based on the facts and complexity of the case so are assessed on an individual basis. Please contact us to discuss this in an open manner so that there will never be any hidden costs.

What Happens If I Lose the Appeal?

If you lose your appeal, there is a risk that the Crown Court could increase the original sentence imposed.

You could also be responsible for paying Court Costs and the costs of the Prosecution.

How Can Best Solicitors Help in My Magistrates Court Appeal?

Our Crime team has a wealth of experience in relation to preparing and presenting appeal hearings. Your chances of success are much improved by having Best Solicitors fighting your corner.

You can contact our team on 0114 3583134 or via our contact page.