Appealing a ban imposed in the Magistrates Court

I have recently been disqualified for six months and a minimal fine has been imposed. My driving licence is essential for my work and it's looking as though it will cost me my job. Do I have any right of appeal against the sentence. ie a larger fine against a reduced ban ?

Cases such as this require a plea of exceptional hardship and it is usually advisable to be represented at the Magistrates Court so the need for an appeal is avoided if possible.

You can appeal either the conviction or sentence in a Magistrates’ Court, but it means going to the Crown Court but you must do so within 21 days of sentencing. If you entered a guilty plea in the Magistrates Court you can only appeal against your sentence, not against the conviction itself.

To set the appeals process in motion you need to write to the court where you were convicted giving your name and address and the date of your conviction. This document becomes your ‘Notice of Appeal’, and it must reach the Magistrates’ Court within 21 days of the date when you were sentenced.

The Crown Court will hold a fresh trial of your case – a re-hearing.  In an appeal against conviction, each side can call the same evidence as before, or can add or drop witnesses.  There is no jury: the decision is made by a Crown Court judge, usually sitting with two magistrates. If they find against you again, the original conviction stands and there will usually be some extra costs for you to pay. There is a risk that the sentence might be increased.  If you win the case, your own legal costs will probably be paid back to you, the conviction will be removed, and the sentence falls away, but you will not get any compensation for the inconvenience or loss you have suffered.

If you appeal only against the sentence, the hearing is shorter.  The prosecution will outline the facts of the offence and tell the judge about any previous convictions you may have, and you can say what you want in order to persuade the Crown Court to reduce the sentence.

In the first instance I would suggest you should agree to a detailed exploratory interview with a specialist motoring offence solicitor to discuss whether you should take this to appeal. If appropriate they may then recommend further work to negotiate with the the CPS to ensure the mitigation is accepted and that the penalty will be reduced.

The Roadside Lawyer will initially provide expert motoring solicitor support to road traffic offence clients at a one off charge of £25 plus VAT for a detailed half hour telephone consultation. The solicitor will have been briefed and read about the background to your case. After the consultation they will provide email notes and guidance detailing how you should best proceed. If you instruct us to further act for you, any additional charges will be notified before you incur them so you can take an informed decision on how much further expenditure you wish to incur. If you choose to let us represent you (usually with junior counsel) the initial call cost will be waived.

Contact us on 0800 066 99 07 or email us for more information

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