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Do you want to appeal a Magistrates’ Court Decision?

Pragma Law
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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 a short time after the original decision.

Appeal Magistrates Court

How do I appeal a Magistrates’ Court Decision?

You must lodge the notice with the Magistrates’ Court that made the original decision. Usually, the notice must be lodged within 21 days of the decision.

The Magistrates’ Court will then send the notice to the Crown Court who will notify you of your appeal date.

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.

Please also see our Magistrates’ Court Hearing Appeals FAQs below.

Lucy Whitaker

Lucy Whitaker

Director

I have dealt with many successful Magistrates Court appeals where the Crown Court has reversed the lower court’s decision. If you have been disqualified for 6 months as a result of totting up or if you consider the penalty imposed for your driving offence was too harsh, I can help. You can read more about me in our about page, or just give me a call to discuss your driving case.

Appeal a Court Decision FAQs

Can I get my disqualification suspended pending an appeal?

Yes, but it is not automatic. You have to request this and ideally it should be done immediately when you make 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?

DVLA is responsible for revoking driving licences so the court has no power to do this. However, if you have been given six points and are appealing the decision, DVLA can delay the revocation of your licence. You must contact DVLA to inform them about the appeal and ask them not to revoke your licence in the meantime. 

Can I appeal against a court decision not to find special reasons?

Yes, this would be an appeal against a sentence rather than a conviction because you pleaded guilty. 

What we do

Police station interviews

Have you been asked to attend a police station and need legal representation following a fatal accident? Our experienced specialist driving offence solicitors can advise you whether to answer questions. It can make the difference between a conviction and an acquittal. It can even prevent proceedings being issued for causing death by dangerous driving or result in a lesser charge.

Charges & Requisitions

If you have been charged a serious offence such as causing death by dangerous driving, get help now. You may be charged at the police station or be notified in writing, together with a Postal Requisition to attend court. These offences are the most serious, so let our experienced solicitors help you get the best outcome.

Magistrates' Court Hearings

Cases of causing death by dangerous driving start in the Magistrates’ Court. They will then be sent to the Crown Court for plea or sentence or trial. If you haven’t already, now is the time to get legal advice from our experienced solicitors. 

Crown Court Hearings

If you have a causing death by dangerous driving case that has been sent to the Crown Court for trial or sentence, you need experienced representation. Our solicitors have defended some of the most serious driving offences there are, including those involving a fatalities. We will only use trusted specialist motoring offence barristers to deal with your case. Speak to us today.

Reviews

Pragma Law
5.0
Based on 38 reviews
powered by Google
Asad Ahmed
Asad Ahmed
15:41 21 May 21
5* have dealt with lucy twice now! Very professional. Knows what shes doing! Would definitely recommend!
Bobby Charles
Bobby Charles
19:05 07 Feb 21
I have had an extremely positive experience with Lucy Whittaker. She is very knowledgeable, very proactive and always... explains things in a clear and precise.She was able to convince the court to drop a driving without due care charge despite the police and the CPS disareeing.I would hesitate to recommend Lucy and Pragma Law anyone who needs assistance.read more
harry bedder
harry bedder
15:53 16 Dec 20
Fantastic Service provided by Lucy, very profesional and quick at getting you answers and providing the help you might... need! I will definitly be recomening Pragma Law to anyone I know that has a motoring proplem please do the same...read more
Jobin Mathew Joseph
Jobin Mathew Joseph
18:11 25 Nov 20
Absolutely brilliant! 100 percent reliable! The case was related to driving matter and I had initially approached few... other solicitors for help with my case. They all denied saying we would not win the case. But Lucy happily took the case and help me win the case with the best possible outcome.She puts you at ease and confidence. Very responsive in your queries. She genuinely care for case and very pleasant to deal with. Always well prepared and wins you the best possible outcome. Very Very Strongly recommend. Thanks much Lucy.read more
Lewis Cobley
Lewis Cobley
11:12 05 Nov 20
I highly recommend Pragma Law for any motoring problem. They were very efficient and professional even with little time... to prepare.read more
A Google User
A Google User
14:30 04 Jul 20
What can I say about pragma law and Lucy whitaker, 1st class absolutely brilliant!!!. I had my licence revoked last... October due to vasovagal syncope (faint) from the word go Lucy was brilliant, and I only dealt with her, she explained everything, in every stage extremely professional in everything she does, and had my licence back. What a result!!! thank you so much Lucy.read more
hannah vanessa
hannah vanessa
15:45 15 Jun 20
I suffer with anxiety (as many) and this incident completely took over my life for months until I met Lucy. I was super... comfortable and confident in her work as she was very professional and was always available to help. Really helped take the stress away - thanks Lucy and thanks Pragma!read more
Wayne Davies
Wayne Davies
14:51 08 Jun 20
What can I say about pragma law and Lucy whitaker, 1st class absolutely brilliant!!!. I had my licence revoked last... October due to vasovagal syncope (faint) from the word go Lucy was brilliant, and I only dealt with her, she explained everything, in every stage extremely professional in everything she does, and had my licence back. What a result!!! thank you so much Lucy.read more
Rukhsar Latif
Rukhsar Latif
13:59 19 May 20
Lucy genuinly cares about her clients she took on my case dealt with everything herself and won my case I couldn't be... happier with the results and the service. I will definitely be using Pragma Law again if needs be.read more
Vicky Clarke
Vicky Clarke
20:16 03 Mar 20
I couldn't have hoped for a better solicitor. Lucy did everything she could to get the best possible outcome for me,... and I can't thank her enoughread more
Paul Mercer
Paul Mercer
17:19 31 Jan 20
Lucy Whitaker provided an impressive, cost effective service. She was objective, responded quickly to questions and, I... believe, offered the best advice before efficiently dealing with a case as it came to court.I would have no hesitation either in using Lucy again, should the need arise, or recommending her services.read more
Rebecca Hodkinson
Rebecca Hodkinson
16:33 19 Nov 19
Lucy represented me in a driving case and I couldn't be happier. She was friendly, professional and pragmatic without... giving me false hope. The outcome was a more positive one than I expected and that's down to her advice and detailed preparations. Would highly recommend! Thank you Lucy!read more
Gary Sykes
Gary Sykes
22:12 04 Oct 19
We were so impressed with Lucy Whitaker. She represented our son in an unusual driving case which thanks to her... knowledge, care & understanding, ended in a much better than expected outcome. Clear, concise & professional, we highly recommend her... can't thank her enough!!read more
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Centrally Based

I'm based in Nottingham and offer a nationwide service. Below is a list of the locations I cover most frequently. If yours isn't on the list, I would still be delighted to help you wherever you are in England or Wales.