How to Appeal a Magistrates’ Court Decision
In the UK, all criminal cases start in a Magistrates’ Court, commonly including minor criminal damage and motoring offences, with indictable offences such as murder, rape, or burglary, passed to the Crown Court. Appealing a Magistrates' Court decision can overturn wrongful convictions or even reduce your sentence.
To learn how to appeal against a Magistrates' Court decision, continue reading.
What is a Magistrates’ Court Decision?
A Magistrates’ Court decision is a ruling on guilt (convictions) or punishment (sentencing) made by a panel of either two or three volunteer magistrates and a legally qualified District Judge. Roughly 95% of criminal cases are completed at the Magistrates’ Court.
Once you get convicted or sentenced by the Magistrates' Court, you then appeal to the Crown Court, even for minor issues like speeding or small fines. If you're thinking of appealing a Court decision, it's important to seek legal representation for a greater chance of success.
Decisions to Appeal: Conviction vs Sentence
The two main decisions you can appeal from the Magistrates' Court are a conviction and a sentence.
| Information | Conviction | Sentence |
|---|---|---|
| Definition | Guilty of a criminal offence | Punishment for a criminal offence |
| Example | Driving a vehicle while over the legal alcohol limit. | Suspended sentence for six months |
A Notice of Appeal must be filed at the Magistrates' Court within 21 days to start your Crown Court appeal.
Grounds of Appeal
Under the Magistrates' Courts Act 1980 (section 108), you have a statutory right to appeal a Magistrates’ Court decision to the Crown Court if you believe that you've been wrongly convicted or sentenced.
Conviction appeals:
- Legal errors by the Court
- Mishandled evidence
- Unfair trial
- Insufficient consideration of defence
- Unreliable evidence
- New evidence found post-trial
- Unable to attend the hearing due to reasonable circumstances
Sentence appeals:
- Punishment is too manifestly excessive
- Errors in sentencing rules
- Incorrect sentence length
- Failure to consider mitigating factors
- Wrong sentence type
- Disproportionate to the offence gravity
Grounds to appeal a criminal conviction or sentence must be specified in your Notice of Appeal form with supporting details. They should include key information, such as a summary of the grounds, specific dates or events, relevant facts, arguments, and any cited cases or references.
The Process of Appealing a Magistrates’ Court Decision
The process of appealing a Magistrates’ Court decision can be completed in just a few steps with the help of a solicitor.
1: Confirm Grounds to Appeal
Confirm that your grounds to appeal a Magistrates’ Court decision are valid and reasonable, not just an unreasonable complaint about your conviction or sentence. Legal errors, evidence being ignored, and a manifestly excessive sentence are all reasonable.
2: Hire a Solicitor
Seeking legal assistance and working with an experienced solicitor is strongly advised when appealing a Court decision in the UK. Solicitors can help evaluate your grounds of appeal, draft and file the Notice of Appeal accurately, offer expert advice and guidance, and represent you at the rehearing.
3: File Your Appeal
Submit a Notice of Appeal at the Magistrates’ Court containing important information, including your grounds to appeal. You must act fast and appeal within 21 days of the Court decision. However, in some rare cases, you may be granted an extension with strong justification.
4: Prepare
Gather any key information required to back yourself in case your appeal goes ahead. Preparation of evidence and arguments is essential when the Crown Court holds a rehearing for your conviction or sentence.
5: Attend
The final stage of appealing a Magistrates’ Court decision is to attend the Crown Court for a full rehearing to present your case to magistrates and a judge. Their decision is usually final, although you may get permission to appeal further to the High Court on points of law.
The Results of a Magistrates’ Court Appeal
If you win your appeal against a Magistrates’ Court decision:
- Conviction Overturns - You’ll be found not guilty of an offence
- Sentence Decreases - Your sentence time will decrease
If you lose your appeal against a Magistrates’ Court decision:
- Conviction Remains - You’ll still be guilty of an offence
- Sentence Increases - Your sentence time will increase
- Court Costs Apply - You may be required to pay both Court and Prosecution costs
By choosing to appeal, be aware that you open yourself up to a potentially worse outcome, regardless of what you appealed.
Fees Involved
There are three main fees involved in the process of appealing a Magistrates' Court decision:
- Representation Fees - Varies depending on your location and the solicitor you choose
- Court Costs (if you lose) - Between a few hundred pounds and £1,000+, depending on your appeal type
- Extra Fees - Depends on any additional costs needed, such as travel fees
How Our Criminal Defence Team Can Help
At Bell Lamb & Joynson, we offer award-winning expertise and services to help you appeal a Magistrates’ Court appeal. We have over 200 years of experience in helping clients through post-trial appeals, and our criminal defence team of solicitors are here to support you from start to finish.
Our team will assist in every step, from validating your grounds to appeal to representing you at Court.
If you require our trusted criminal law services, please contact our team today.
FAQs
Do I need a solicitor to appeal a Magistrates' Court decision?
No, you do not legally need a solicitor to appeal a Magistrates’ Court decision, although it's highly recommended to have legal support. Solicitors validate your grounds, handle legal paperwork efficiently, and provide ongoing advice and support when you need it most.
How likely are appeals successful?
Appeals from the Magistrates’ Court will likely be successful if you have the right legal support and strong grounds, including legal errors or new evidence. However, with no professional legal assistance or grounds to appeal, the chance of your conviction or sentence changing is unlikely.
Can you appeal a conviction years later?
No, you generally cannot appeal a Magistrates' Court conviction years later without reasonable circumstances, as the deadline is 21 days from sentencing. If you miss this deadline, it will be difficult to appeal a conviction.
What is a Respondent's Notice?
A Respondent’s Notice is a court form completed by a respondent who is the party against your appeal, explaining why the original decision should remain. The notice explains their reasoning against your appeal, which is usually prepared by their solicitor.