Appeal a magistrates바카라 사이트™ court decision

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1. Overview

If you바카라 사이트™re unhappy with a decision made by a magistrates바카라 사이트™ court, you can challenge it or ask for it to be reviewed.

You can talk to your legal representative (if you have one) or get help from a legal adviser before challenging a magistrates바카라 사이트™ court decision.

Get your fine reviewed

You can get your fine or payment terms reviewed if you바카라 사이트™re struggling to pay the fine you바카라 사이트™ve been given.

Ask the court to reopen your case

You can ask the court to reopen the case:

Appeal to the Crown Court

If you were able to plead guilty or not guilty, but you still disagree with the decision that was made, you can appeal to the Crown Court.

2. Get a fine or payment terms reviewed

You might be able to ask for your fine or the payment terms to be reviewed if any of the following apply:

  • you cannot afford the regular payments
  • you cannot pay within the timeframe you바카라 사이트™ve been given
  • you earn less than £440 a week and the court did not know this when it gave you the fine

How to ask for a review

Contact the court or enforcement centre on your notice to ask for a review. 

You바카라 사이트™ll need to include evidence of your income, such as wage slips or benefit statements. You can download and fill in a MC100 form (also called a 바카라 사이트˜statement of assets바카라 사이트™) to send with your request.

If your income has changed since you were sentenced, you need to also provide evidence of your income on the date you were sentenced. 

You may need to attend court for another hearing. They바카라 사이트™ll let you know when the hearing will take place. 

You can talk to your legal representative (if you have one) or get help from a legal adviser.

3. If someone has falsely given your details to the police or courts

You might be able to ask the court to reopen your case if you think someone else committed the crime. For example, your name could have been given in relation to a traffic offence that you did not commit. 

  1. Contact the Action Fraud team on 0300 123 2040, or the local Police on 101, to report that you did not commit the crime. They will give you a crime reference number. 

  2. Contact the court or enforcement centre on your notice and give the crime reference number.

  3. The court will decide whether to reopen the case or contact you if you need to take any further action.

4. If you did not know about your case

You could ask for your case to be reopened if you did not know about it, so you were not able to plead either guilty or not guilty.

You바카라 사이트™ll need to make a legal statement known as a 바카라 사이트˜statutory declaration바카라 사이트™ to reopen your case.

You usually need to do this within 21 days of finding out about the proceedings.

  1. Download a statutory declaration form (called an 바카라 사이트˜ignorance of proceedings form바카라 사이트™) or ask for a copy at your local magistrates바카라 사이트™ court.

  2. Fill out the form telling the court when and how you heard about your court case. You바카라 사이트™ll need to provide details of where and when your hearing was held.

  3. Arrange an appointment to make your statutory declaration. This could be before any magistrates바카라 사이트™ court or a legal representative such as a solicitor. Making a statutory declaration before the court is free, you will have to pay to make one before a legal representative.

  4. Bring a written plea (or a completed single justice procedure notice if you have one) to your appointment, along with your statutory declaration.

  5. Sign and date your statutory declaration form when you바카라 사이트™re at your appointment.

If the court accepts your statutory declaration they will reopen your case.

You can still be guilty of the offence, even if you did not know about your case. 

If your case is reopened and you바카라 사이트™re found guilty, your sentence or fine (or both) might be increased. If you바카라 사이트™re found not guilty then all charges against you will be dropped.

5. If the court did not have all the information about your case

You can ask the court to reopen your case if:

  • you (or your legal adviser) did not have the opportunity to write or speak to the court about your case
  • the court did not receive documents to support your case

Contact the court or enforcement centre named on your notice to ask to reopen your case.

You can talk to your legal representative (if you have one) or get help from a legal adviser before you ask to reopen your case. 

The court will decide whether they will reopen your case.

If your case is reopened and you바카라 사이트™re found guilty then your sentence or fine (or both) might be increased. If you바카라 사이트™re found not guilty then all charges against you will be dropped.

6. Appeal to the Crown Court

If you were able to plead guilty or not guilty, but you still disagree with the decision that was made, you can appeal to the Crown Court.

You might do this if you think the decision was unfair or the judges failed to consider your circumstances or all the evidence available. 

If you pleaded guilty, you can only appeal against your sentence.

How to appeal

Download and fill in the 바카라 사이트˜Appeal to the Crown Court바카라 사이트™ form that relates to your crime or sentence. Send the form by post or email. The address is on the form.

If you were convicted at a magistrates바카라 사이트™ court but sentenced at a Crown Court, follow the rules for appealing a Crown Court decision.

When to appeal

You usually need to appeal within 15 working days of the date you were sentenced.

If you appeal after 15 working days, you need to explain why your appeal is late in the form and provide evidence. The Crown Court may not consider your late appeal.

Talk to your legal representative (if you have one) or get help from a legal adviser before you appeal.

The court hearing

The Crown Court will make a decision on your appeal at a hearing. It may hold a preliminary hearing first, to decide how the evidence should be given.

You바카라 사이트™ll get a letter to let you know when and where the hearing, or preliminary hearing, will take place.

What happens at the hearing

You바카라 사이트™ll have the chance to present your case to the judge and magistrates. Representatives from the prosecution will present the case against you.

The judge might also ask you questions during the hearing.

You바카라 사이트™ll be told whether you바카라 사이트™ve won your appeal at the hearing. You바카라 사이트™ll also be sent a copy of the judge바카라 사이트™s decision by post.

Stopping your appeal

You can apply to stop your appeal before the hearing. Your appeal cannot be restarted once it바카라 사이트™s been stopped.

Send a 바카라 사이트˜notice of abandonment of appeal바카라 사이트™ to the magistrates바카라 사이트™ court where you sent your appeal and the Crown Court where your hearing will take place.

You must also send a copy to any other parties involved in the case, for example a prosecutor.

If you win your appeal

If you win your appeal against your conviction, your sentence will no longer apply. You might be able to apply to get compensation.

If you win your appeal against your sentence, it will be reduced.

The court might decide you can get some of your legal costs paid back, for example your solicitor바카라 사이트™s fee.

If you lose your appeal

Your original sentence or conviction might change.

Check with your legal adviser if you can appeal again. You might have to pay extra costs if you do.