If you have been found guilty of a motoring offence and feel that you were wrongly convicted or harshly sentenced after pleading guilty you may wish to exercise your right to lodge an appeal against your conviction or sentence at a higher Court.
There is nothing worse than being convicted of an offence when you are not guilty of it or you have a defence. The consequences of a conviction can be devastating on future prospects, your career and your reputation.
It is common that the Tribunal deciding your case in the Magistrates’ Court will be made up of Lay Magistrates’ who are not legally trained or qualified. They are often members of the representative public and simply guided by a legal advisor in Court. They can make the wrong decision or make a finding against the clear evidence placed before them. Similarly, they can disregard the Sentencing guidelines and impose a sentence that is wholly disproportionate and far too punitive than what the law prescribes. The same applies if your case was decided by a qualified District Judge. They too can make the wrong decision in terms of law or sentence.
If you feel aggrieved by the decision of the Magistrates’ Court or feel that the sentence they have imposed is unjustly harsh, you should seek expert advice. It is very important that you seek advice from experienced lawyers before you lodge your appeal to the Crown Court.
Our specialist motoring lawyers at Caines Law have a wealth of experience in successfully appealing the decision of the Magistrates’ Court both against convictions as well as sentence in the Crown Court. They will carry out a detailed assessment of your case and with their years of experience and legal knowledge will provide you with an informed decision in respect of your prospects of appeal and whether you are making a correct decision.
It is possible to appeal against conviction and / or sentence in either of the following two ways:
- Appeal to the Crown Court;
- Appeal to the High Court.
A strict 21 day time limit applies within which you must lodge an appeal and it is essential that this time limit is adhered to.
If the 21 day deadline has expired you are still able to lodge an appeal providing you can first obtain permission from a Judge in the Crown Court to make your application for an appeal out of time.
It is essential that specialist motoring solicitors deal with an appeal as the procedure in the Crown Court is more formal, intimidating and legally complex than the Magistrates’ Court proceedings.
Given that the Appeal hearing will be dealt with in the Crown Court, the Prosecution authorities are likely to be represented by specialist Higher Court Advocates or Barristers. It is therefore essential that you instruct a firm of specialist motoring solicitors to deal with your appeal. The procedure in the Crown Court is more formal, intimidating and legally complex than the Magistrates’ Court proceedings.
If you represented yourself in the Magistrates’ Court, or you were not satisfied by the representation that you received, it is worth instructing motoring law experts to handle your Appeal so that you have the best possible chance to successfully appeal your case. This is probably the last chance that you will get to appeal so it is important that you make the correct decision.
Suspending the sentence pending the outcome of the appeal
In most circumstances, and if we are instructed early enough, we can successfully suspend any sentence imposed pending the outcome of the appeal. This is even more important for cases where a disqualification has been imposed. Our role is to make sure that any sentence imposed is not activated until after the proceedings in the Crown Court.
We charge fixed fees for representation in the Crown Court so that our clients have certainty at the outset as to their legal fees. This way it provides our clients with certainty in respect of their legal bill and ensures that there are no nasty surprises at the end.
If your appeal is successful, we will apply to the Court for a Costs Order which, if granted will allow you to recover your costs for the appeal. In most instances, this Costs Order is granted in full so that you are fully reimbursed for not only your appeal but also any legal costs incurred from the Magistrates’ Court proceedings where you may have been represented.
If you are considering whether or not to appeal against your conviction and or sentence, please Contact us on 0800 6441544 for a free consultation and assessment of your case. We have extensive experience of representing individuals in respect of appeals. We will advise you on the law and will provide you with an accurate fee estimate. Alternatively, complete the Contact us form and we will call you at a time convenient for you.
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