How do I appeal my Sentence in a Magistrates Court?

August 19, 2022 8:13 am Published by

Appealing a sentence or a conviction is a common procedure in UK courts. However, despite its common use, the procedure and grounds for appeal are complex and sometimes difficult to understand. Being sure of the grounds of appeal and the procedure can make all the difference in a court’s decision of whether to allow an appeal or not. Here, it is highly recommended that an individual seeks out sound and professional legal advice to ensure they get the best outcome out of their appeal.

Appeals Against the Magistrates’ Court

A defendant convicted in the magistrates’ court (including the Youth Court) may appeal to the Crown Court in the following circumstances:

  • If the defendant pleaded guilty, they may appeal against the sentence they have received,
  • If the defendant pleaded not guilty, they may appeal against conviction and/or sentence that they have received.

The prosecution does not have the right to appeal to the Crown Court against either the acquittal of a defendant by the magistrates, or the sentence imposed on a defendant by the magistrates.

An appeal will be heard by a High Court judge, circuit judge or recorder, who will ait with an even number of magistrates. This will usually be two magistrates, although up to four magistrates may sit on an appeal.

There are two different types of appeals. These are:

  • Appeals against conviction, and
  • Appeals against sentence.

Arguments often raised in an appeal by way of case stated are that:

  1. the magistrates misread, misunderstood or misapplied the law.
  2. the magistrates decided to hear a case when they did not have the jurisdiction to hear it.
  3. the magistrates made errors in deciding the admissibility or otherwise of evidence.
  4. the magistrates erred in their decision following a submission of no case to answer.

Appeals Against a Magistrates’ Court’s Conviction

A defendant convicted following a trial in the magistrates’ court may appeal against their conviction to the Crown Court on the basis that the magistrates made errors on the facts of the case or how they interpreted the law. When an appeal against conviction occurs, the Crown Court will hold a full rehearing of the case which is, in effect, another trial. The Crown Prosecution Service (CPS) and the defendant will need to call all the witnesses whose evidence they seek to rely on in the trial. New witnesses may be called by either the defence or prosecution, and new or different points of law may be relied upon in a rehearing.

Appeals Against a Magistrates’ Court’s Sentencing

A defendant may appeal to the Crown Court against a sentence imposed by the magistrates’ court on the basis that the sentence imposed by the magistrates’ court was excessive. The Crown Court should carry out a full rehearing of the issues and take an independent view which is based on the evidence. From this, the Crown Court will decide what the correct sentence for the defendant should be, rather than simply reviewing the sentence that was passed by the magistrates’ court.

Procedure for Appealing a Magistrates’ Decision at the Crown Court

When a defendant wishes to appeal from a magistrates’ court to a Crown court, they must file a notice of appeal with both the magistrates’ court and the CPS within 21 days of the magistrates passing the sentence.

If the defendant files their notice outside of the 21 days, a Crown Court judge does have the discretionary power to extend the 21-day time limit.

The application to appeal must identify the question of law on which the party seeks the view of the High Court. Following receipt of this letter, the magistrates must then state a case’ for the opinion of the High Court. To do this, the clerk to the magistrates (in conjunction with the magistrates who heard the case) will prepare a draft “Statement of Case” that will:

  1. specify the decision in issue.
  2. specify the question(s) of law or jurisdiction on which the opinion of the High Court will be asked.
  3. include a succinct summary of:
  4. the nature and history of the proceedings,
  5. the court’s relevant findings of fact, and
  6. the relevant contentions of the parties.
  7. if a question is whether there was sufficient evidence on which the court reasonably could reach a finding of fact:
  8. specify that finding, and
  9. include a summary of the evidence on which the court reached that finding.

Once an initial draft of the “Statement of Case” has been prepared, the clerk will send this out to the Crown Prosecution Service and the defendant’s solicitor to enable them to suggest any necessary amendments to the “Statement of Case”.

Once a final version of the statement of case has been agreed, the clerk will send this to the party making the appeal. That party must then lodge this with the High Court and give notice that this has been done to the other party.

Will I be able to be granted bail pending the hearing of the appeal?

When the magistrates impose a custodial sentence on a defendant, the magistrates may grant bail to the defendant pending an appeal to the Crown Court. There is, however, no presumption in favour of bail. Section 4 of the Bail Act 1976 does not apply to defendants who have appealed against conviction or sentence. If the magistrates do not grant bail, the defendant may apply to the Crown Court for bail pending the hearing of the appeal.

How can we help?

If you have been found guilty of an offence and wish to know more about the different ways of appealing against a sentence or conviction, here at Criminal Defence Solicitors we are here to help. We can provide our expert defence team to discuss your case and help you through the process of appearing at court. We will look at all the facts of the accusation and decide what is the best way forward to achieve the best for you and your case. This will include everything from the facts of the case all the way to what defence is best for your case.

Our team of litigators and advocates have many years of experience analysing complex factual scenarios and applying them to often novel areas of law, ensuring we get the best possible results for our clients. Do not hesitate to call us on 020 8158 9007or email us on info@criminaldefencesoliticors.co.uk to get expert legal advice for you and your case.