Motoring convictions can disrupt your life, affecting your driving privileges and professional and personal responsibilities. If you think you’ve been wrongly convicted of a motoring crime in magistrates or Crown Court, or your sentence is too harsh, it is important to understand your options, including the right to appeal to the Crown Court.
This guide will walk you through the process of making appeals to the Crown Court for motoring convictions so you can make informed decisions about your case and ensure you get the justice you deserve. It will also explain how advice from a motoring solicitor may help you win your appeal.
Can I Appeal to the Crown Court for a Motoring Conviction?
You can appeal a motoring conviction if you think the Magistrates Court got it wrong. Reasons to appeal can include inadequate representation in court or a misunderstanding of the evidence. The process starts in the Magistrates Court but the Crown Court is the next stop if you need to appeal further.
The appeal process involves reviewing the case to ensure justice is served. The judge will review the evidence, re-examine witness statements and reconsider any legal anomalies, the conduct of the original judge and jury, and other factors from the original trial.
Knowing the framework of the appeal process can help you make decisions in your favour. Appealing can go beyond being granted an acquittal; it can also mean a reduced sentence or a re-trial. Getting advice from experienced legal representatives can help you decide if an appeal is your best option.
What Motoring Offences go to the Crown Court?
In England and Wales, all road traffic offences start in the Magistrates Court where it’s decided if the case should go to the Crown Court. Minor offences, known as summary offences, such as speeding or failing to stop, usually stay in the Magistrates Court. These are considered less serious and don’t need the Crown Court unless there are exceptional circumstances.
More serious offences, known as either-way offences, can be tried in either court depending on the seriousness or if the defendant chooses to have a jury trial. An example of this would be dangerous driving which poses a risk to the public and therefore may need the Crown Court for a full court hearing.
The most serious indictable offences, like causing death by dangerous driving, are sent directly to the Crown Court rather than the Magistrates Court. These cases require a more detailed legal process including a jury hearing to deal with the complexity and seriousness of the charges. Knowing what type of offence you’ve been charged with can give you an idea of your legal options.
If you decide to appeal after being sentenced by the magistrates court, it will be escalated to a Crown Court, where the Court of Appeal Criminal Division will handle your appeal hearing.
On What Grounds Can I Appeal a Crown Court Decision?
You must follow criminal procedure rules to appeal a decision and escalate a sentence appeal from the Magistrates Court to the Crown Court. One of the main grounds is that the conviction was against the weight of the evidence. This means that despite the evidence showing innocence or lesser culpability a conviction was reached, possibly due to a legal technicality or other factor.
Another ground for appeal is procedural errors during the court proceedings. These can include admitting or excluding evidence, incorrect jury directions or procedural misconduct. Bringing these to light in an appeal can make a big difference to the outcome when presented to a high court.
There are also many cases where an appellant has been subject to charges and convictions without their knowledge. This can be due to a lost form or paperwork in the post and other factors. Such cases are good candidates for appeals and a new hearing.
Finally, you can appeal a sentence rather than a conviction. If you think the judgment was too harsh given the circumstances and guidelines this could be a reason to appeal. Talking to a specialist lawyer who knows motoring law can help you decide which grounds apply to your case.
How Do I Appeal?
You have a 21-day time limit from the date of sentence to appeal. The first step is to talk to a motoring solicitor who can advise you on the prospects of your appeal and explain the process.
The next step is to file a notice of appeal. This form must explain the reasons for your appeal and be sent to the court and the prosecution. Your lawyer will help you draft this notice to make sure it’s legally compliant and gets your case across. If a Crown Court judge passed your original sentence, you must lodge your appeal notice to the Crown Court with The Court of Appeal Criminal Division (CACD), also called the Criminal Appeal Office.
Once your appeal is filed, prepare well for your hearing. This means getting new evidence if possible, as well as witness statements or reports to support your grounds of appeal. A clear approach and robust legal representation can make all the difference.
What are the Possible Outcomes?
Successful Appeal to the Crown Court: Conviction Overturned
- Defendant found not guilty: In this instance, the sentence no longer applies and the defendant may be able to seek compensation for legal costs and other damages.
- Case remanded: The case may be sent back to the magistrate’s court or crown court of appeal for a re-trial that considers the merit of new evidence, circumstances, or information not used in the original hearing.
Unsuccessful Appeal: Conviction Upheld
Normally, an appeal is considered by a single judge, but sometimes a respondent’s notice is necessary. If the prosecution, also called the respondent, wants to uphold the decision of the magistrate’s court, it may serve a respondent’s notice. This document is filed in response to the appellant. The respondent’s notice explains why the court’s original sentence should be upheld based on the original evidence and arguments.
If you lose your appeal and are found guilty, your original sentence will be upheld and you won’t be able to appeal to the court of appeal again. It is also possible that the prosecution will do the sentencing exercise again, which may result in increased or decreased sentence severity.
It is important to note that if you originally pleaded guilty, you can only appeal for a lesser sentence. The conviction will remain valid.
How Can a Motoring Solicitor Help?
Hiring motoring solicitors as your legal representatives can help when appealing a conviction in criminal cases involving driving offences. They know criminal cases in motoring law inside out and how to challenge evidence and procedural decisions that may have led to you being sentenced. For example, they can spot flaws in the prosecution’s argument and present a counter-narrative. They can use this information strategically to help you determine whether you have grounds for appeal to the crown court and help you build your case.
Solicitors with Higher Rights of Audience, like those at #1 Motoring Solicitors, are even more useful as they can represent you in the Crown Court and save you the cost of a barrister. They have experience in both Magistrates and Crown Courts so they know procedural conduct and strategic legal advocacy.
Outside of crown court or magistrates court representation, a legal representative can help with procedural matters such as suspending a driving disqualification pending appeal. They can make the appeals process easier and give you peace of mind and a better chance of a successful appeal.
Final Thoughts
Appealing motoring convictions can be complicated, but knowing your rights and the appeal process is important if you think you’ve been wrongly convicted. A skilled motoring lawyer can offer advice and help you through the appeals process before, during, and after the date of your hearing.
For driving offenders, failure to file an appeal when you may qualify for a lesser sentence or even an overturned conviction can be disastrous. By getting expert legal help, you can make informed decisions and potentially win your appeal and get your driving privileges back.
Talk to a #1 Motoring Solicitors today to get advice about your appeals case and ensure justice is served.