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What is the Procedure for Appealing a Motoring Offence Sentence?

by | Nov 16, 2023 | Articles, Driving Offence Advice

Being charged with a motoring offence can be a stressful and daunting experience. Whether it’s a charge for speeding, drink drive or any other motoring violation, you do have the right to appeal the outcome if you believe it to be unjust.

 It is important to note however that there are two ways to appeal a motoring offence:

  • Appeal Against a Conviction – If you have been found guilty of a motoring offence after a trial and do not believe that you should have been convicted, you can appeal against this decision (the decision of the Court to find you guilty of the offence).

If you choose to submit an appeal on this basis this will mean that any previous trial that took place would be null and void and your case would be reheard before a decision is made by the Court in relation to your guilt.

  • Appeal Against Sentence – Appealing against your sentence would occur in circumstances where you accept the case against you and plead guilty however believe the sentence to be unjust. For example, if your sentence was manifestly excessive you may wish to appeal the outcome in the hopes of achieving a reduction in the penalty (sentence) imposed.

In the United Kingdom, you can generally appeal a motoring offence under the following circumstances:

  1. Incorrect information: If you believe that there was a mistake in the information or evidence presented during your case you can appeal.
  2. Procedural errors: If there were procedural errors during your case, such as failure to follow proper legal procedures: this could potentially be a basis for an appeal.
  3. New evidence: If you have new and relevant evidence that was not available during your original case, you may be able to appeal.
  4. Disproportionate penalty: If you believe that the penalty imposed is disproportionate to the offence committed, you can appeal.

It’s essential to seek legal advice and consult with a solicitor if you’re considering appealing a motoring offence, as the process and eligibility criteria can be complex.

Understanding the procedure for appealing a motoring offence sentence is essential to protect your rights and potentially have the sentence overturned. In this article, we will guide you through the steps of appealing a motoring offence sentence in the United Kingdom.

Step One: Understanding The Decision

Before you embark upon an appeal process it is crucial to understand the decision you’re appealing and the reasons behind it. In the UK, most motoring offences are dealt with by Magistrates’ courts, and the sentencing can include penalty points, fines, community order with unpaid work hour requirements as well as disqualification from driving, and even imprisonment for certain offences.  It is therefore essential you ensure you have a clear understanding of the sentencing guidelines and the grounds on which you plan to appeal.

Step Two: Time Limits

There are strict time limits for filing an appeal against a decision made within The Magistrates’ Court for a motoring offence. You must submit your appeal within 15 working days of the date of the sentencing decision.

If you want to appeal after the 15 working days time limit, you will need to ask the Crown Court for permission (leave) before you can appeal.

The Court will also want to know good reasons for the delay in submitting an application. It is therefore worth instructing a solicitor who can guide you through this process, but also crucial to act promptly to meet this deadline as missing it can significantly impact your ability to appeal your case.

 

Step Three: Gather Evidence

To support your appeal, you will need to gather evidence that demonstrates the grounds on which you are contesting the sentence. This evidence could include witness statements, photographs, medical records, or any other documents relevant to your case. The stronger your evidence, the better your chances of a successful appeal.

 

Step Four: Completing The Appeal Form

You can obtain an appeal form from the Court where your case was heard or online via the official Government website. The appeal form will require you to provide specific details about your case, the sentencing decision, and the grounds for your appeal. It is imperative to be thorough and accurate when completing this form to ensure your appeal is properly processed.

 

Step Five Submitting the Appeal

Once you have completed the appeal form you must submit it to the Court that issued the original sentencing decision. Ensure you keep a copy of all documents for your records. The Magistrates’ Court should acknowledge receipt of the form and in turn, send it to The Crown Court which will list the matter accordingly.

 

Step Six: Preparing For the Appeal Hearing

It’s essential to prepare your case thoroughly before your appeal hearing.  You should be reviewing your evidence, consulting with a solicitor if necessary, and familiarising yourself with the specific grounds on which you’re appealing. You may be required to present your case and evidence to the Court so being prepared is crucial to assist with your best chance of success.

 

Step Seven: Attendance at The Appeal Hearing

The Crown Court will be the presiding Court during the appeal hearing and will decide on your appeal at the hearing.

Given the application will be advanced by yourself or on your behalf via your legal representatives, you must attend the appeal hearing on the designated date and time provided. It will not be possible to advance an appeal without your presence or input.

During the hearing, you’ll have the opportunity to present your case and provide evidence to the Crown Court Judge presiding over the case and the Magistrates’ who will collectively make their decision. The Court will also hear evidence from the prosecution. Despite how you may be feeling about the process, it is imperative to remain respectful and cooperative during the process.

 

Step Eight: The Court’s Decision

After the appeal hearing, the Court will make a decision. They may uphold the original sentencing decision from the Magistrates’ Court, increase the sentence, reduce the sentence, or even quash the conviction, depending on the circumstances and evidence presented. A copy of the decision will also be sent to you via post so that you have confirmation in writing.

Most motoring offences are dealt with within the Magistrates’ Court and whilst the arena is formal, it is designed to be accessible to those who are not legally represented, and it is sometimes the case that individuals decide to represent themselves for motoring matters rather than appointing an expert solicitor or barrister.

If you find yourself in this position and leave the courtroom with an unfavourable outcome, you may be considering appealing the decision. Any appeal from The Magistrates’ Court is dealt with by the Crown Court. The process within this Court setting is significantly more formal than the Magistrates’ Court and it can be an intimidating and daunting experience for anyone other than an experienced lawyer. Given the prosecution for your case will have instructed a higher court advocate or even a barrister to prosecute your case, the stakes can be higher given their level of expertise and if you were to lose your appeal, you will be expected to foot the bill and the expenses will be significantly higher than those imposed by the Magistrates’ Court. In order to maximise your prospects of success, you may wish to instruct a motoring law specialist who can navigate the hearing and prepare you in advance.

Appealing a motoring offence sentence in the UK is a formal process that requires careful attention to detail and adherence to strict timelines. Understanding the steps involved and being well-prepared is essential for a successful appeal. If you believe your motoring offence sentence is unjust, it’s crucial to take action within the specified time limits and follow the legal process to protect your rights and seek a fair outcome.

Do you require legal advice &/or representation?

If you are facing a driving offence prosecution and require expert legal representation at Court, call our lawyers on 0330 818 9843 or complete our Contact Form.

What is the Procedure for Appealing a Motoring Offence Sentence? UK law firm expert advice England and Wales driving offence solicitors

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