Do you want to appeal a Magistrates’ Court Decision?
Have you been banned from driving? Do you think the Court got it wrong? We can help!
If you disagree with a decision of the Magistrates’ Court, you should consider an appeal. Usually, the courts get it right, but sometimes they don’t. That’s why we have the right to appeal. However, it’s important to act quickly because the Notice of Appeal must be lodged within 15 business days of the original decision.
The Notice of Appeal must be sent to the court that made the decision you want to challenge.
Get in touch if you have :
- been banned from driving as a result of totting up too many penalty points
- been found guilty of a driving offence and think the decision is wrong
- been given a penalty from the magistrates court that you want to challenge
What happens at an appeal Hearing in the Crown Court?
In the Crown Court, the procedure is slightly different and the setting more formal than in the Magistrates’ Court. An appeal is a rehearing of your case. This happens at the Crown Court in front of a judge and two magistrates. You do not need to show that the Magistrates’ Court made the wrong decision in order to appeal.
You should be aware of the possible consequences of an unsuccessful appeal before making it. Taking advice before proceeding with an appeal can save you money. If you lose your appeal, the court is likely to order you to pay further costs. The Crown Court also has the power to increase the sentence if the judge deems appropriate.
Appeal against Conviction
You can appeal against your conviction if you pleaded not guilty but were convicted of an offence. You cannot appeal your conviction if you pleaded guilty, but later change your mind about your guilt. You may appeal against conviction and sentence at the same time if appropriate.
Appeal against Sentence
You can appeal against your sentence if you pleaded guilty or if you were found guilty but consider that the sentence was too harsh. If you have been banned as a result of totting up to 12 points and want to challenge it you can put forward a second exceptional hardship argument in the Crown Court.
Appeal by way of Case Stated
You can appeal by way of case stated if there is an issue of law. These appeals are relatively rare. Your argument would usually be that the court was wrong in how it applied the law or that they acted in excess of their powers.
Appeal a Court Decision FAQs
Can I drive while I wait for my appeal?
Yes, but only if the court suspends the ban pending the appeal. This is not automatic so unless you have been told that your ban has been suspended you will remain a disqualified driver.
You have to make an application to suspend the ban. Ideally, it should be done immediately after lodging your appeal.
The Magistrates’ Court and the Crown Court have the power to do this, but they can be slow to do so due to the number of other hearings they have to deal with. While Magistrates’ Court legal advisers may tell you about the appeals process, they rarely inform you about the process to apply for the driving ban to be suspended.
Can I stop my licence being revoked as a new driver while I'm waiting for my appeal?
Yes. Section 5 Road Traffic (New Drivers) Act 1995 provides that a new driver’s licence should be restored by DVLA pending the appeal.
The Court is responsible for notifying DVLA but it can take a few days or even weeks for this to be actioned.
Can I appeal against a court decision not to find special reasons?
Get in touch by completing the contact form below, and one of our team will get back to you.