APPEAL AGAINST CONVICTION


Micaila Williams - Law For LifeHi, I am Micaila Williams. If you have committed or been accused of any criminal offence we at Law for Life can help you every step of the way. We provide straight talking, affordable and practical advice from specialist Solicitors and Barristers as well as full representation at the Magistrates’ or Crown Court.

We can also provide you with any forms/documents you need to complete the case together with DIY guides if you choose to represent yourself . Feel free to contact us now for more details.


WANT TO APPEAL AGAINST A CONVICTION? THINGS TO CONSIDER


You have an absolute right to appeal against conviction from the decision of the Magistrates to the local Crown Court and this is the usual process.

The appeal against conviction involves a complete rehearing of your case by a Crown Court Judge and two Magistrates. These cannot be the same Magistrates who heard your case in the Magistrates court when you appeal against conviction.

Both sides (you and the Prosecution) are entitled to bring new evidence to this hearing for the appeal against conviction that was not used in the original trial. The procedure is the same, although the Crown Court system is known to be more formal. You should address the Judge as “Your Honour” and stand when he or she is speaking to you.

There is no court fee that needs to be paid if you appeal against conviction but if you are unsuccessful in your Appeal, the Prosecution can apply for further costs against you. Of course it will be up to the Crown Court, having looked at your specific financial circumstances and the merits of the appeal against conviction, whether or not these costs should be met by you.

APPEAL AGAINST CONVICTION TO THE HIGH COURT Appeal against conviction to the High Court is incredibly complex and requires permission from a High Court Judge.

You would need to show that the Magistrates had made an error in law as to why you are appeal against conviction or had applied the law incorrectly.

This appeal against conviction requires extensive legal knowledge and legal advice should be sought so please contact us.

HOW LONG DO I HAVE TO APPEAL AGAINST CONVICTION There is a strict twenty-one day time limit from the date you were sentenced to lodge your appeal against conviction. If your time limit has expired you may still be allowed to appeal against conviction but you would need to seek permission first and have good reason why the twenty-one day limit was not complied with.

CAN I GET THE COSTS OF MY APPEAL AGAINST CONVICTION BACK? If you are successful in your appeal against conviction and you have incurred legal cost in defending yourself you can make an application for a defendants costs order to obtain any reasonably incurred legal costs back.

CAN I SUSPEND A DISQUALIFICATION PENDING APPEAL AGAINST CONVICTION?

Yes. This is not done automatically when you fill in your appeal notice so you MUST ensure that this is written on the appeal against conviction form and/or raised in court when you appeal against conviction.

NEXT STEPS FOR APPEAL AGAINST CONVICTION

  • You MUST complete an appeal notice and serve it on the Prosecution and the Court within 21days for the appeal against conviction.
  • You will then receive a notice from the Crown Court informing you of your hearing date for the appeal against conviction.
  • If you want legal representation at your Appeal against conviction hearing please contact us as soon as you can so we can fully prepare your case.

If you choose to deal with the appeal against conviction yourself, please see our helpful court guides and specific offence guides.