Appealing against a Conviction

Note: Appeals to the Transport Tribunal is discussed on its own page.

If you do not agree with a conviction you have the right to appeal:

What can I appeal against?

You can appeal against conviction (offence) and against sentence (fine).

Back

When should I appeal?

Either appeal option must be taken within 21 days of hearing.

Back

How should I appeal?

The courts will advise on appeal procedures.

Back

Can the case be re-opened?

Section 142 of the Magistrates' Courts Act 1980 enables Magistrates' Court to re-open cases in order that mistakes be rectified including where the defendant has pleaded not guilty or been convicted in his absence. The Magistrates' Court may vary or rescind a sentence or other order imposed or made by it if it appears to the court to be in the interests of justice to do so.

This power however is not exerciseable in relation to any sentence or order imposed or made by it when dealing with an offencer if the Crown Court has determinded an appeal.

Where a person is convicted by a Magistrates' Court and is subsequently appears to the court that it would be in the interests of justice that the case should be heard again by different justices, the court may so direct.

However, again this power is not exerciseable in relation to a conviction if the Crown Court has determinded an appeal.

Back

Does this procedure differ in Scotland?

Yes. This procedure will differ if your case is to be heard in Scotland.

Back

Page last updated: 30/01/2008