Conviction & Appeal

How to appeal against a conviction

Even if you have been found guilty of a motoring offence through a trial, you still have the right to appeal against the decision if you feel that you were wronged and that the conviction was unfair in some way. In fact, it is your right in such cases to have your side of the story heard and be allowed to explain why you feel the verdict was incorrect.

You are able to appeal against a conviction using either one of the following two methods. Firstly, you can appeal to the Crown Court; or, secondly, you are able to appeal to the High Court.

The differences between the two options relate to the approach that will be taken to your appeal. Appealing to the Crown Court means a retrial, where your case will be heard again before a Judge and two Magistrates, as though the first trial had not taken place. On the other hand, if you take your case to the High Court, this involves a hearing which will strive to establish whether the Magistrates Court made an error during your original trial, applying the law incorrectly or being mistaken over the facts.

You need to lodge your appeal within 21 days of the verdict or you may find it problematic. It is still possible to appeal once this deadline has passed, but you will need to obtain special permission (leave) to do so.

It is essential that you prepare properly for your appeal hearing as it can be more complex than the Magistrates Court and there is more at stake. The proceedings are more formal and it is likely that you will be going up against specialist Higher Court advocates representing the prosecution. You should also note that you will be liable to pay the Prosecution’s costs if you lose – which, once you have taken your case to the High Court, could be a significant sum.

For these reasons it’s vital that you equip yourself with a professional motoring law expert who can prepare your case and advice you on the best course of action. With our Find a Solicitor service, it couldn’t be easier – just fill in the adjacent form to get started.

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