Appeal a magistrates鈥� court decision

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1. Overview

If you鈥檙e unhappy with a decision made by a magistrates鈥� court, you can challenge it or ask for it to be reviewed.

You can talk to your legal representative (if you have one) or get help from a legal adviser before challenging a magistrates鈥� court decision.

Get your fine reviewed

You can get your fine or payment terms reviewed if you鈥檙e struggling to pay the fine you鈥檝e been given.

Ask the court to reopen your case

You can ask the court to reopen the case:

Appeal to the Crown Court

If you were able to plead guilty or not guilty, but you still disagree with the decision that was made, you can appeal to the Crown Court.

2. Get a fine or payment terms reviewed

You might be able to ask for your fine or the payment terms to be reviewed if any of the following apply:

  • you cannot afford the regular payments
  • you cannot pay within the timeframe you鈥檝e been given
  • you earn less than 拢440 a week and the court did not know this when it gave you the fine

How to ask for a review

Contact the court or enforcement centre on your notice to ask for a review.聽

You鈥檒l need to include evidence of your income, such as wage slips or benefit statements. You can download and fill in a MC100 form (also called a 鈥榮tatement of assets鈥�) to send with your request.

If your income has changed since you were sentenced, you need to also provide evidence of your income on the date you were sentenced.聽

You may need to attend court for another hearing. They鈥檒l let you know when the hearing will take place.聽

You can talk to your legal representative (if you have one) or get help from a legal adviser.

3. If someone has falsely given your details to the police or courts

You might be able to ask the court to reopen your case if you think someone else committed the crime. For example, your name could have been given in relation to a traffic offence that you did not commit.聽

  1. Contact the Action Fraud team on 0300 123 2040, or the local Police on 101, to report that you did not commit the crime. They will give you a crime reference number.聽

  2. Contact the court or enforcement centre on your notice and give the crime reference number.

  3. The court will decide whether to reopen the case or contact you if you need to take any further action.

4. If you did not know about your case

You could ask for your case to be reopened if you did not know about it, so you were not able to plead either guilty or not guilty.

You鈥檒l need to make a legal statement known as a 鈥榮tatutory declaration鈥� to reopen your case.

You usually need to do this within 21 days of finding out about the proceedings.

  1. Download a statutory declaration form (called an 鈥榠gnorance of proceedings form鈥�) or ask for a copy at your local magistrates鈥� court.

  2. Fill out the form telling the court when and how you heard about your court case. You鈥檒l need to provide details of where and when your hearing was held.

  3. Arrange an appointment to make your statutory declaration. This could be before any magistrates鈥� court or a legal representative such as a solicitor. Making a statutory declaration before the court is free, you will have to pay to make one before a legal representative.

  4. Bring a written plea (or a completed single justice procedure notice if you have one) to your appointment, along with your statutory declaration.

  5. Sign and date your statutory declaration form when you鈥檙e at your appointment.

If the court accepts your statutory declaration they will reopen your case.

You can still be guilty of the offence, even if you did not know about your case.聽

If your case is reopened and you鈥檙e found guilty, your sentence or fine (or both) might be increased. If you鈥檙e found not guilty then all charges against you will be dropped.

5. If the court did not have all the information about your case

You can ask the court to reopen your case if:

  • you (or your legal adviser) did not have the opportunity to write or speak to the court about your case
  • the court did not receive documents to support your case

Contact the court or enforcement centre named on your notice to ask to reopen your case.

You can talk to your legal representative (if you have one) or get help from a legal adviser before you ask to reopen your case.聽

The court will decide whether they will reopen your case.

If your case is reopened and you鈥檙e found guilty then your sentence or fine (or both) might be increased. If you鈥檙e found not guilty then all charges against you will be dropped.

6. Appeal to the Crown Court

If you were able to plead guilty or not guilty, but you still disagree with the decision that was made, you can appeal to the Crown Court.

You might do this if you think the decision was unfair or the judges failed to consider your circumstances or all the evidence available.聽

If you pleaded guilty, you can only appeal against your sentence.

How to appeal

Download and fill in the 鈥楢ppeal to the Crown Court鈥� form that relates to your crime or sentence. Send the form by post or email. The address is on the form.

If you were convicted at a magistrates鈥� court but sentenced at a Crown Court, follow the rules for appealing a Crown Court decision.

When to appeal

You usually need to appeal within 15 working days of the date you were sentenced.

If you appeal after 15 working days, you need to explain why your appeal is late in the form and provide evidence. The Crown Court may not consider your late appeal.

Talk to your legal representative (if you have one) or get help from a legal adviser before you appeal.

The court hearing

The Crown Court will make a decision on your appeal at a hearing. It may hold a preliminary hearing first, to decide how the evidence should be given.

You鈥檒l get a letter to let you know when and where the hearing, or preliminary hearing, will take place.

What happens at the hearing

You鈥檒l have the chance to present your case to the judge and magistrates. Representatives from the prosecution will present the case against you.

The judge might also ask you questions during the hearing.

You鈥檒l be told whether you鈥檝e won your appeal at the hearing. You鈥檒l also be sent a copy of the judge鈥檚 decision by post.

Stopping your appeal

You can apply to stop your appeal before the hearing. Your appeal cannot be restarted once it鈥檚 been stopped.

Send a 鈥榥otice of abandonment of appeal鈥� to the magistrates鈥� court where you sent your appeal and the Crown Court where your hearing will take place.

You must also send a copy to any other parties involved in the case, for example a prosecutor.

If you win your appeal

If you win your appeal against your conviction, your sentence will no longer apply. You might be able to apply to get compensation.

If you win your appeal against your sentence, it will be reduced.

The court might decide you can get some of your legal costs paid back, for example your solicitor鈥檚 fee.

If you lose your appeal

Your original sentence or conviction might change.

Check with your legal adviser if you can appeal again. You might have to pay extra costs if you do.