Appeal Against a Conviction and/or Sentence

Been Wrongly Convicted or Given an Unfair Sentence?

As specialists in motoring offences, we can help you appeal against the verdict and/or sentence passed by a lower Court, such as the Magistrates' Court. This is very different to an application to reopen conviction and/or sentence, which could be a more appropriate and cost effective option in certain circumstances.

Appeal Against a Conviction and/or Sentence

How do I challenge a driving conviction or sentence?

If you have been summoned or charged with a motoring offence there are 2 ways in which you may appeal if you are unhappy with the outcome of your case.

If you're challenging the facts and the evidence of the case, you can appeal to the Crown Court.

If you believe that the Magistrate who convicted you made an error in the law, you can appeal to the High Court.

For both kinds of appeal, you have 21 days from the judgment in which to raise it.

This deadline is strict and therefore it is essential that you act quickly, and receive urgent legal advice, if you do wish to make an appeal.

An appeal to the Crown Court against your conviction will mean starting your case afresh. If you're successful, the conviction will be overturned, and you will be found not guilty.

An appeal against the sentence alone can also be made. If you're successful here, it will result in the Crown Court considering whether it considers that the penalty imposed was proper. The Crown Court have the power to reduce a sentence that they feel is excessive.

An appeal to the High Court is known as asking the Magistrates to "state a case" and is not a rehearing. The Court will decide whether the Magistrates made an error in the law.

If it finds that they did then it is usual to be found not guilty.

We will advise you on the merits of any appeal and the basis for it. To do this we will need to look at the evidence against you and have a copy of the Magistrates reasons. We will also be able to advise you about the likely cost of an appeal.

It is also possible for us to ask the Court to suspend any driving bans, which may have already been imposed, pending the outcome of an appeal.

What we can do for you

Through our trade union connections, we have a history of keeping people on the road, especially when their livelihood depends on it. One of the ways in which we help is by overturning convictions and unfair sentences.

Don't simply accept a conviction and/or sentence if you are unhappy with it. Contact us for a free initial consultation.

Costs

Motoring Offence Solicitors

Defending Against a Motoring Offence – What does it cost?
Take a look at our transparent fee structure

Our solicitors offer:

  • highly competitive charge-out rates, without any compromise in the quality of our work, and
  • a range of funding arrangements including conditional or contingency fee agreements in suitable cases

Motoring offence law solicitors

To contact our motoring offence law solicitors:

1. Complete our no obligation online enquiry form and we will call you back
2. Freephone helpline: 0808 129 3320
3. For out of hours advice including weekends, Freephone: 0808 1293310


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Julie Robertson - Motoring Offences Solicitor - Manchester

Julie Robertson
Partner, Head of Motoring Offences

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