Can you help me if I have already lost my case at Court?
You have an automatic right of appeal against conviction or sentence at the Magistrates Court. You must apply within 21 days of your sentence to the Crown Prosecution Service and the Magistrates Court concerned. Simply call us for our opinion as to whether you have a realistic prospect of success on appeal. Any appeal will be heard at the Crown Court before a Crown Court Judge with the assistance of two Magistrates.
Can I appeal if the 21 days have elapsed?
Formally you need leave (permission) to appeal after the 21 days has passed. You have to justify the time elapsed, but once allowed, the delay should not prejudice your appeal.
Can I appeal a sentence?
Yes. If you feel that the sentence you were given was unfair for any reason you do not have to appeal the conviction to have the Crown Court consider the sentence you were given. A word of warning however, the sentence can be increased as well as decreased.
Can I get my licence back whilst I wait for my appeal?
We very often make a separate application to the sentencing Magistrates prior to any appeal, to suspend any disqualification waiting for the appeal to be heard which may be a number of weeks off. This avoids serving any unnecessary disqualification preceding your successful appeal.