Appealing a magistrates' court conviction in the Crown Court

Who can appeal, and to which court

If you have been convicted or sentenced by a magistrates' court in England and Wales, you have a right of appeal to the Crown Court. This is an appeal by way of re-hearing, and it is available whether you want to challenge the conviction, the sentence, or both. You do not need the magistrates' permission to start an appeal, but you must act within a strict time limit.

The right applies to most summary offences and to either-way offences that stayed in the magistrates' court. If you pleaded guilty, appealing the conviction is much harder: the usual argument is that your plea was not genuinely voluntary, for example because you were put under improper pressure or did not understand the charge. Appeals about sentence alone are far more common in that situation.

There is also a separate route to the High Court by way of case stated, but that deals only with errors of law and is rarely the right first step. For most people, the Crown Court is the practical option.

The deadline: 15 business days

Notice of appeal must be served within 15 business days of the date the sentence was passed — not the date of conviction. The clock starts the day after sentencing. Weekends and bank holidays do not count, which gives a little breathing room, but not much.

The notice must be served on both the magistrates' court and the Crown Court. In practice, most people hand it in at the magistrates' court office that dealt with their case. Filing a short notice in time and adding fuller grounds later is far better than waiting until you have a perfect document.

If you miss the deadline, you can ask the Crown Court for an extension of time. Extensions are granted, but only where there is a good reason, and the longer the delay, the harder it becomes. Do not assume the court will be sympathetic.

Working out your grounds of appeal

Grounds are the reasons your conviction or sentence is wrong. They shape everything that follows, so it is worth taking advice before you finalise them.

For a conviction appeal, common grounds include:

• evidence that should not have been admitted, or evidence that was wrongly excluded;
• the bench misunderstood or misapplied the law;
• there was no case to answer, yet the case was allowed to continue;
• a procedural irregularity that made the hearing unfair;
• witnesses who were not called, or evidence that has since come to light;
• problems with identification evidence or the way it was tested.

For a sentence appeal, look closely at whether the bench followed the relevant sentencing guidelines, gave full credit for a guilty plea, properly considered personal mitigation, or had enough information — for example a pre-sentence report or medical evidence. A sentence that is simply harsher than you hoped is not usually enough; it must be manifestly excessive or wrong in principle.

What happens at the Crown Court

A Crown Court appeal is not a review of the magistrates' decision. It is a complete re-hearing. The prosecution presents its case again, witnesses give evidence again, and you can call evidence that was not put before the magistrates. The bench is usually a circuit judge sitting with two lay magistrates.

In practical terms, your witnesses need to attend again and be ready to be cross-examined. Prepare as thoroughly as you did the first time — sometimes more so, because the Crown Court has the same powers as the magistrates and can convict and sentence afresh.

You can abandon an appeal by giving written notice before the hearing. Once the hearing has started, you need the court's permission.

Risks, costs and sentencing

An appeal is not risk-free, and it is important to be clear-eyed about that.

• If your appeal is dismissed, the Crown Court can order you to pay the prosecution's costs.
• If you appeal the conviction and are convicted again, the court can impose any sentence the magistrates could have imposed — which may be more severe than the original.
• If you appeal the sentence only, the Crown Court cannot impose a heavier sentence than the magistrates did.
• You may need to arrange bail pending appeal; the magistrates' court or the Crown Court can grant it, but it is not automatic.

Legal aid is usually available for a Crown Court appeal if you qualify financially, and a representation order can cover a solicitor and, where appropriate, a barrister.

Practical steps to take now

Speed matters more than anything else. Note the sentencing date, count the business days, and get advice from a solicitor or duty solicitor as soon as you can.

• Gather your paperwork: the court register, any letters, and notes of what was said.
• Write down your grounds while your memory is fresh, including names of witnesses and dates.
• Tell your witnesses early that they may need to attend a Crown Court hearing.
• Ask about legal aid, bail pending appeal, and any fines or orders that follow the conviction.
• Keep copies of everything you send to the court, and note the date you served it.

Handled promptly and with realistic grounds, an appeal can genuinely change the outcome. Handled late or on a hunch, it can leave you worse off than before.