Appeals

APPEALS

If you have been convicted in your absence or convicted after trial you will be frustrated and alarmed, particularly more so if you have been disqualified as part of the sentence OR you have pleaded guilty and feel that the sentence is too heavy

There is no need to panic but you have to act quickly as there are strict time limitations in which to appeal.

You only have 21 days in which to lodge your appeal so prompt decisions and actions are required to ensure you do not miss vital deadlines.

Your options are not straightforward so why delay call one of our expert solicitors to discuss the best option for you and put your mind at ease.

Can I appeal a speeding ticket?

If you have received a speeding ticket from an officer or the police process department you do not have to accept it. It is not technically an appeal as you are merely refusing to accept the penalty so your case will be processed through the court system and you will be sent a postal requisition or single justice procedure notice from the court.

You will then be asked if you are pleading guilty or not guilty. If you plead not guilty the matter will go to court.

I have been convicted after trial, what can I do?

If you have been convicted and sentenced after trial at the Magistrates Court you will be extremely frustrated at their decision. 95% of motoring cases are dealt with in the Magistrates Court and 90% of cases result in a conviction. Magistrates are volunteers and not lawyers. They often misunderstand the legal process and miss vital facts. Sometimes they are prosecution biased and instead of considering whether there is doubt they are actually looking for evidence to convict.

Unrepresented defendants can have a very difficult experience because they are unable to present legal argument as clearly as the prosecutor and often important legal points or rules of evidence are ignored.

It is because they do not possess the intricate legal knowledge or technical issues in motoring cases that these well meaning volunteers often get it wrong

If you feel you have been convicted unfairly you can appeal to the Crown Court against conviction and sentence.

What happens at an appeal against conviction?

Before lodging your appeal with the court you should obtain expert legal advice as it is an expensive process and if your appeal is dismissed, your conviction will stand and  your sentence could either stay the same or increase. You would more than likely also be ordered to pay prosecution costs. Our team of specialist lawyers are waiting for to help you so that reach the right decision for you.

An appeal is a re-trial of all the evidence and it is an opportunity to bring in new evidence not relied on in the magistrates court. If you have represented yourself often vital evidence is missed or not admitted so an appeal enables you to submit this evidence.

If you are successful on an appeal, your representative will apply for a defendant costs order so that you can claim back some of the costs you have incurred. 

I accept my guilt but the sentence was far too high what can I do?

If you have pleaded guilty to an offence and have received an unduly heavy penalty which you do not agree with you can appeal to the Crown Court. They will re-consider your sentence after listening to your mitigation.

It is wise to get advice before appealing about the chances of reducing your sentence as you will incur costs particularly if you are unsuccessful in reducing your sentence. The sentence can go up or down so seeking advice before the appeal is vital.

Unsure as to what to do,  speak to one of our legal team who will discuss your options and together we will find the best way forward with your case.

I have been informed by the court that I have been convicted and sentenced about an offence I know nothing about, what can I do?

If you have received a notice of conviction and sentence about an offence you know nothing about you will be both shocked and alarmed. Do do not despair, it is not cast in stone. If you knew nothing about the proceedings or the hearing date then you can apply to get your case re-opened. There is no strict time limit on this but it is generally acknowledged that 28 days is a reasonable period but there are circumstances where it may justify an application outside this time.

This involves making a statutory declaration before the court. Sometimes this sort of matter can be dealt with in writing although most require attendance at court.

I have been convicted for an offence I knew nothing about, what can I do?

If you have been convicted in the magistrates court for an offence you knew nothing about you should make a statutory declaration.

To make a statutory declaration you have to attend court  and swear before magistrates that you knew nothing about the proceedings or the hearing which convicted you. If they accept you declaration they will set aside the conviction and sentence.

This means that the whole matter starts again from the beginning so you will be given the opportunity to plead guilty or not guilty to the original offence.

Are there any other appeals other than to the Crown Court?

The only other form of appeals are the 2 routes to the High Court:

  1. Judicial Review: Judicial review is when you appeal to the High Court to have a decision of the magistrates court or the Crown Court reviewed.
  2. By way of Case Stated: This is when you appeal to the High Court on a point of law, where you feel that the trial court were wrong in law on a specific point.

These are very expensive and unusual forms of appeal so it is imperative that you seek expert advice before pursuing this avenue of appeal.

Can I have my disqualification lifted pending my appeal?

Yes, you can apply for your disqualification to be suspended but you should do so at the same time as you lodge your appeal.

I was offered the drink drivers rehabilitation course, if I am appealing do I still need to it?

If you were offered the drink drivers rehabilitation course you will have been informed as to the deadline by which it needs to be completed, if you appeal is after this deadline then you will not be offered the course again.

It is a decision for you to make early on in your appeal. You are taking a gamble if you want to see if you win your appeal, if you do then it will not matter whether you took the course or not but if you lose and are beyond the deadline you will NOT be given the opportunity to do it and your disqualification will have to be served in full without the 25% discount that the course offers.

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AURIGA ADVOCATES

were fantastic. From the first telephone conversation where I enquired about the services and cost involved everything was totally clear. Both Andrea and Lloyd who I dealt with were professional but warm, reassuring and were always available to answer any concerns or questions I had. Right up until the day I entered court they were there for me. My barrister who represented me in court, Lisa, was again also fantastic.
Right down to value for money (and I did look around) I really cannot fault the service I got from Auriga Advocates.

Auriga Advocates

keep; you well informed with your current status and give you the confidence to appeal for a better outcome toward your case. I would recommend them to anyone needing help and reassurance to what sometimes can seem a time of hopelessness and despair

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