Appeals To The Crown Court Against Conviction And/Or Sentence

If you disagree with a decision made by the Magistrates’ Court, you may have the right to challenge that decision by lodging an appeal.

In criminal cases, appeals from the Magistrates’ Court are heard in the Crown Court. These hearings are typically conducted before a Crown Court judge sitting alongside two to four magistrates.

When You Can Appeal

You may appeal against either the conviction, the sentence, or both, depending on the circumstances of your case.

• If you pleaded not guilty and were convicted, you can appeal against both the conviction and the sentence.
  
• If you pleaded guilty, you can normally only appeal against the sentence imposed.
  

Appeals to the Crown Court can be based on issues of fact or law.

What Happens During an Appeal

An appeal against conviction involves a full rehearing of the case. This means the Crown Court will consider the evidence again and may hear new evidence that was not presented during the original hearing.

If the appeal relates only to the sentence, the court will review the penalty imposed by the Magistrates’ Court and decide whether it was appropriate in the circumstances.

Time Limits for Appealing

An appeal must normally be filed within 21 days of the sentence being imposed. If this deadline is missed, it may still be possible to appeal, but permission from the court will be required.

Once the appeal has been formally submitted, the Crown Court will notify you of the date, time and location of the hearing, which will usually take place at your nearest Crown Court.

Driving Disqualification During an Appeal

If you were disqualified from driving by the Magistrates’ Court, you may be able to apply for the disqualification to be suspended until the appeal has been decided. This application can be made to either the Magistrates’ Court or the Crown Court.

Possible Outcomes of an Appeal

After hearing the case, the Crown Court has several options. The court may:

• confirm the original decision
  
• overturn the conviction or sentence
  
• change the sentence that was imposed
  
• send the case back to the Magistrates’ Court with instructions
  
• make any other order it considers appropriate
  

If the appeal against conviction is successful, the original conviction and sentence will be set aside. In some cases, you may also be able to recover a portion of your legal costs.

If the appeal relates only to the sentence, the court may reduce or adjust the penalty.

However, it is important to understand that if an appeal is unsuccessful, the Crown Court has the power to increase the sentence, although it cannot impose a penalty greater than the maximum that the Magistrates’ Court could originally have imposed.

The court may also order the appellant to pay costs if the appeal is unsuccessful.

Abandoning an Appeal

If you decide not to proceed with your appeal, you must formally notify the court by submitting a Notice of Abandonment of Appeal. This should be sent to both the Magistrates’ Court where the original case was heard and the Crown Court where the appeal was scheduled.

Copies must also be provided to any other parties involved in the case, such as the Crown Prosecution Service.

Once an appeal has been formally abandoned, it cannot usually be restarted.

If an appeal is withdrawn late in the process, particularly on the day of the hearing, the court may still require you to pay costs that have been incurred.

Reopening a Case in the Magistrates’ Court

In certain situations, it may be possible to ask the Magistrates’ Court to reopen a case. This may occur where a defendant was unaware of the original hearing or where the case was heard in their absence.

If the court is satisfied that reopening the case is justified, the conviction may be reconsidered.