We are often instructed to act in appeals for clients who hadn’t realised the importance of instructing a specialist motoring solicitor from the outset. A conviction for a motoring offence can have life changing consequences and if you believe that you have been wrongly convicted or want advice on your appeal prospects then we will be able to advise. You can appeal your conviction and/or sentence. We will advise on your prospects and what steps should be taken to appeal at the Crown Court. If we believe that it is in your interest to proceed, we will take on your appeal and if you are successful, your conviction and/or sentence will be overturned.
An appeal of a decision of the Magistrates Court is heard at the Crown Court. You have a right to appeal your conviction or sentence but the notice of appeal should be submitted within 21 days of your sentence at the Magistrates Court. In some circumstances it is possible to appeal outside that time frame. In that scenario you would need leave from a Crown Court judge to appeal out of time.
A Crown Court appeal is very different from the hearing at the Magistrates Court. Your case will be re-heard by a Crown Court Judge and two Magistrates. It is often more favourable to have your case heard by a very experienced professional Judge rather than by volunteer Magistrates who have no formal legal qualifications.
Is it necessary to appeal to the Crown Court?
In some cases, an appeal is not the appropriate route. If you have been convicted by virtue of a mistake or when you were unaware of the proceedings and were convicted in the Magistrates Court in your absence, we can apply to the Magistrates Court to have your conviction set aside. If it is set aside then the case effectively begins again, allowing for your defence to be presented in the Magistrates Court without the need to appeal to the Crown Court.
We approach every case with tenacity and a forensic attention to detail and we always aim to achieve the most favourable outcome for our clients. We recognise that not everyone is guilty and we will identify where mistakes have been made by the police or prosecuting body and we know how to prepare and present the most robust defence possible in order to protect your driving licence.