All too often, a defendant wonders if he or she has been treated fairly, and whether an incorrect finding of guilt or a sentence that is just too severe has to be accepted as final, especially in motoring cases when they have experienced the ‘rough justice’ that can be dealt out by a Magistrates’ Court.
In all such instances, provided that a Notice of Appeal (a document briefly setting the claimed errors of the magistrates' findings) has been served on the Magistrates' Court within 21 days from the date of conviction/sentence, a defendant is entitled to take the case further and appeal to the Crown Court to have their case reconsidered. If the 21-day period has been exceeded, then a defendant would have to apply to the Crown Court for permission (or leave) to appeal out of time. This application should set out the reasons why the Notice of Appeal is late. The later the Notice of Appeal, the less likely the Crown Court is to grant leave to appeal out of time.
Whether it is an appeal against conviction or sentence, the case is decided by a Crown Court judge, sitting with two magistrates (no jury is involved). The appeal is essentially a rehearing of the proceedings and, where it is an appeal against conviction, the evidence is heard anew with witnesses required to give testimony for a second time.
Where an appeal fails, the judge may substitute a harsher sentence than was passed by the Magistrates' Court (although this is a rare event) and will almost certainly order the unsuccessful appellant to contribute financially to the costs of the respondent (usually the CPS).
Why appeal?
- The Crown's case was not convincing or there was no good reason to reject my defence.
- The verdict has prevented me from keeping my job.
- The verdict could be used against me should I be summonsed or charged in the future on another allegation.
- The verdict has caused the price of my motor insurance to rise steeply and/or I cannot get insurance at all.
- The verdict has led to the revocation of my taxi driver licence.
- The sentence was too harsh, i.e. I ought not to have been given a driving ban or banned for so long / my driving licence ought not to have been endorsed with so many penalty points / the fine was much too high.
- A prison sentence should not have been passed (a number of driving offences carry the possibility of imprisonment, notably: drunken driving, dangerous driving, and failing to stop after an accident).
The reality
From my experience, I estimate that over 50% of Crown Court motoring appeals succeed in whole or in part. If the circumstances are right, an appeal to the Crown Court provides a good opportunity to correct the mistakes that are frequently made by magistrates and prosecutors.
Funding the Appeal
If you had legal aid for the Magistrates’ Court proceedings, it is most likely that you would be granted legal aid to cover your representation for the appeal.
However, if you funded the Magistrates’ Court proceedings privately (usually the case), then the Crown Court Appeal will also have to be paid privately. This does not mean that the fees are necessarily exorbitant and in any event, if your job, for example, is dependent upon having a licence, it may be worth the costs of an appeal.
Martin Lewis is a barrister of 18 years call at Castle Chambers and deals with cases covering all aspects of criminal law. This article is for informational purposes only and does not constitute legal advice. If you require any advice please contact Jeffrey Lewis or Siobhain Egan on 020 3553 7443, or complete our online enquiry form here.
