Magistrate Court Appeals

Author: Lorna Elliott

The magistrates’ courts hear a wide variety of lower level criminal cases in England and Wales. When charged with a criminal offence for which you appear before the magistrates’ court, (or Youth Court) a number of things can happen. You may plead guilty to the offence with which you are charged, or be found guilty after a trial, after which you will have a conviction. In less common situations, the Crown may decide that they have insufficient evidence to continue to prosecute you, or that proceeding with the case against you is not in the public interest. It is possible for magistrates to proceed to try your case in your absence, so you can be found guilty of an offence even if you don’t attend your trial.

If you've been convicted and want to understand the potential penalties before deciding whether to appeal, you can use our free Sentence Guide.

Sentencing - Once Convicted

Once you are convicted of an offence the magistrates may sentence you on the same day, or decide that they want further information about you before they decide how to sentence you (usually by way of a report compiled by the Probation Service, or if you are a youth, by the Youth Offending Team). If they consider that their powers of sentencing are insufficient to deal with your case in the magistrates’ court they may decide to commit you to the Crown Court for sentence.

Appealing Against Sentence or Conviction

You have a right to appeal against the decisions of the magistrates’ courts. If you were found guilty after a trial, you can appeal to the Crown Court against your conviction. However, if you pleaded guilty and were sentenced in the magistrates’ court you will not be able to appeal against your conviction, but you can still appeal against the length or nature of your sentence.

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Procedure When Appealing

You must provide the prosecutor with your notice to appeal against your conviction or sentence within 21 days. It is possible to apply to the legal services commission for legal representation at your appeal. The Crown Court will give you a date when you must attend for your appeal, which will be heard by two magistrates and a Crown Court judge. There is no jury, but your entire case will be heard again. If your appeal is against sentence only, the prosecutor will tell the court details of your conviction and you or your lawyer will then tell the court about your personal and financial circumstances, if appropriate, and ‘mitigate’ in relation to the offence itself. If your appeal is against conviction, the witnesses who gave evidence at your original trial in the magistrates’ court will be required to give evidence again.

However, it is important to note that as well as quashing a conviction and reducing a sentence, the judge and magistrates are also entitled to impose a harsher or different sentence and may also make you liable to pay the prosecution’s costs if they consider that you shouldn’t have brought the appeal in the first place. There is no further right of appeal after you have appealed to the Crown Court from the Magistrates’ Court.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Appeals to The Divisional (High) Court From The Magistrates’ Court

In certain circumstances if you or your lawyer considers that the magistrates’ court has got the law wrong you can appeal to the Divisional Court ‘by way of case stated’. This procedure can be complicated and you should always consult a lawyer before embarking on this process. It should be noted that this type of appeal can only consider decisions relating to the law, rather than any evidence relating to facts (for which you should use the Crown Court process.) This type of appeal is only available for cases that have concluded. If you succeed, your case is usually sent back to the Magistrates’ Court with directions as to how to proceed.

Judicial Review

For appeals relating to decisions on points of law prior to the conclusion of a case, the procedure is called Judicial Review. In this type of appeal, the magistrates are asked to ‘stay the proceedings’ pending an application for Judicial Review (or JR.) The High Court considers the decision making process of the Magistrates’ Court to determine whether or not they made an error in law. Again this is a complex procedure and you should always consult a lawyer before embarking on this process.

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63 questions

Ask Courtroom Advice a Question

Justice Fudge 29/09/2021 at 4:53 pm

All this rubbish on the courts and process is not true. Courts cheat the law with the prosecutor to get a conviction. You can appeal but they all systematically with corrupt judges fudge it all so you don’t win. They are worse than common criminals.

upsetex 10/03/2021 at 12:34 pm

my husband and I are separated, due to divorce, he's just received a 6 month driving ban for speeding.We have 3 children, and we share driving the kids to school. I am now left to drive the kids 20 miles to and from school twice a day, and have had to renege on a job offer, as it interfered with a drop off time. it cost me twice as much in petrol, mileage, wear and tear of the car, as well as inhibiting my choices of a job, I feel I am suffering his ban more than he is . Can I appeal, on his behalf, or rather, mine, as I feel I have been penalised.

ex civic driver 14/11/2019 at 1:13 pm

How to appeal against a magistrate lenient sentence?
A man set his dog on a cat to kill it. He got 18 weeks. surely he should get longer?

TJ 12/11/2019 at 9:49 pm

On advice of our solicitor when accused of our dog worrying livestock we stated no comment at police interview but had a prepared statement. We had video evidence of our dog following a supposed attack just a few minutes before. He had no blood on him, he was completely dry even though it was 7am and was raining.
We thought it would be finished, however, we recieved a court summons. We went to court and pled guilty to livestock worrying on the advice of our solicitor who stated that just 1 person identifying my dog was enough for a conviction. Plead guilty he said and get a small fine and compensation. So we did. We got a £500 fine. Plus court costs and compensation of £182. The farmer stated the sheep was worth £40.00 an order was placed that my dogs can never be off a lead in public or private and if seen off a lead will be destroyed. The farmer stated he saw 2 blacl and white dogs and a red dog. I dont own black and white dogs but do own a red collie. My daughters blue tri coloured collie has the destruction order too. He claimed the red collie was covered in blood on its face and chest yet while he is standing on my doorstep with my dog infront of him my dog has not a spec of blood on him. The village has had problems with dogs running loose and worrying sheep for a couple if years. Because the farmer stated black and white dog the magistrates put the order on the blue tri claiming he is black and white. Anyway since this happened last Wednesday 2 large black and white dogs have been seen regularly through the village. I reported it to 101 purely because of the destruction order on my dog and people suddenly claiming these loose dogs are mine and they come to take my dog away. The police arrive today to take a statement. We showed them out video evidence of these roaming dogs and also the video evidence of my red dog just a few minutes after the incident apparently happened. The officer was really shocked and asked why we hadnt shown that video at the interview. We said we were advised to say nothing. I said that I needed to protect the blue tri dog because everyone will assume these dogs are ours. She asked if we were going to appeal the sentence? Financially we can't afford a solicitor again. Are there any costs involved in appealing if you represent yourself. The police seemed of the opinion had we shown the video there would never have been a court case. Its been so upsetting. My red dog has been rehomed due to the destruction order as he can be a houdini and I dont want to take the risk with his life. Can anyone offer any advice please as to how this process works and any possible costs involved. Can we appeal if we plead guilty with mitigation? Cam we appeal if we felt we were given incorrect advice by our solicitor? Thanks

Andy 05/10/2019 at 10:41 pm

I went to Magistrates court against the Rspca, where the judge ordered the Rspca possession under section 20(1) Animal welfare act 2006, Can I appeal their decision?

Deek31 09/10/2018 at 10:18 pm

I got pulled over for a random check 28/8 in Scotland to be told I had been disqualified in June 2018 in Lincolnshire(section 172 on 26/10/2017) in my absence.

I knew nothing about any conviction, court dates etc, received no mail. I also moved house beginning 2018.

I have proof showing I was in Scotland on the date of the offence in question.

Do I have a right of appeal?

Goldie 19/08/2018 at 9:08 am

I've had much of my retirement savings lost due to a financial advisor, which left me suicidal for 6 years. I then tried to contacthim politely, but have been convicted of "maliciosu contact, thretening suicide", which has obviously made me worse and I had a bike accident nearly killing me. I doubt I will survive long. Is it worth appealing agains the conviction in the face of my imminent death? Will the judges reject it and ensure my death?

CourtroomAdvice Editor 23/04/2018 at 11:48 am

A speed awareness course is offered up to 42 MPH in a 30MPH speed limit. While there was a mistake on the notice (by offering you a speed awareness course and then retracting the offer) it does not render the charge ineffective. The reason it went to court is the fact you did not reply to the letter. If the matter goes to court, then the fine is always higher if guilty. Unfortunately, there is little you can do regarding this matter.

SH 22/04/2018 at 10:32 am

Recently received a NIP for speeding - 43 in a 30, was given the choice of 3 points and a £100 fine or to take a speed awareness course - pleaded guilty and opted for the speed awareness. Later received a letter saying that a mistake had been made and the speed awareness course was not available, Due to personal commitments, I didn't see this letter until after the matter had been passed to the Magistrate's Court. I opted for the matter to be dealt with in my absence, explaining all of the circumstances on the online form and expecting the courts to apply common sense. I've just received a very short email telling me that the fine is now £315 including £30 to a victim support fund and 4 points, with no information as to my rights, only how to pay. Is this is reasonable for an offer to be made in writing only for the offer to be withdrawn after I had accepted it and to be fined so much extra when I had already pleaded guilty within the time limits?

Nia 11/04/2018 at 9:02 pm

My son is 18 and was convicted yesterday for failing to return a police notification letter regarding a road traffic accident in 2017. Firstly only one letter was ever received addressed to me as I am the registered keeper of his car. The police wanted me to make a statement which I did but even til this day my son has not been interviewed, made a statement or his side represented in the court erena.
My son was sick and has a gp letter to support his non attendance at the trial but the case was heard in his absence and he was found guilty recieving 6 points and £650 fine.
Can we appeal given he would have attended if we was fit to and that I was prepared to give evidence as per my statement.
He has a solicitor

Damiano 15/01/2018 at 9:45 pm

Hello

I received fixed penalty notice of £100 and 3 points to my driving licence. Initially I paid for the penalty and sent filled in form they posted to me. But then they withdrew my payment and then sent me court letter asking me to plead guilty or not. In addition I had to pay £420. So I paid and did not question that. I just realised that the reason they withdrew £100 and sent my case to court is that I did not sent my driving licence. I was not aware that I should send them my driving licence to endorse the penalty points, also if it was requested on the letter I would have known that I should send it. Could you advice me if I can appeal to receive some money back?

Postie611 25/12/2017 at 7:54 pm

Hi my wife was recently convicted for 2 cases of theft, shes pleaded not guilty twice as she's innocent but doesn't plan to appeal as the whole ordeal has left us both on antidepressants and we'd struggle to cope with it mentally, she worked in the care industry and accused of taking on the initial charge sheet £360 which later got dropped to 2 charges of £15 at the first court hearing which she wasn't aware of. The evidence that convicted her was 2 pieces of cctv both showing her 'in the vicinity of the bag' although only one shows a bag handle which appears to move and freeze while she's by it it then shows her putting was is alleged money in her pocket, she is of good character and supplied references supporting her defence and maintained her innocence throughout. I also wrote as her husband a letter to the court explaining what we'd endured and raising suspicions on the evidence which wasn't answered. Anyway since her conviction she has visited her employer where she has had to tend her notice or face the sack. She asked why she hadn't received a formal letter informing her of the reason for suspension and was told that if they had formally suspended her she would have received a lot less money and as they fully believed her they didn't feel it right she suffered financially too during the whole process. Can this be considered new evidence as it's a company showing their faith in her honesty?

CourtroomAdvice Editor 19/12/2017 at 12:40 pm

You do have recourse to complain, please see gov.uk which

Minority report 19/12/2017 at 3:40 am

Examiner failed me on my driving test. The person was moody and silence from start to finish at times telling me to turn left/right with a rude tone of voice and no please or thank you.
At the end of the test he told me unfortunately I did not pass, handed me the form and began to walk away from the vehicle. I had to ask him why I failed to get an explanation. He told me that I hesitated coming out of a junction.(Got a serious fault)
I explained to him that cars tuning left into my junction were being overtaken by cars going straight ahead as there was a queue. His response was "I'm sure your instructor will tell you why you failed" and walked away.
He did not explained the report (had 11 faults in total which we could not explain) and I was also asked to pull over six times on the left randomly which my instructor said was very unusual (never happened).
I felt discriminated and cheated of a driving test result after hours of study and dedication.

CourtroomAdvice Editor 01/12/2017 at 11:05 am

Normally when you insure a car on the internet, you get immediate confirmation that your insurance is up to date. If you did not get the confirmation, then you should not have driven the car until the confirmation came through. There isn't really any excuse not to be insured. Driving without insurance is a serious offence which can result in an immediate disqualification from driving. For first offences, the court would normally impose between six and eight penalty points, but no ban.

Mattt 30/11/2017 at 6:02 pm

Got pulled over for no insurance and turned out it didn't go frow on internet so insured car on spot police let me drive off got 8 point s ?

Hai 26/10/2017 at 3:48 pm

Hi my husband and I got sentenced I got 2 year suspended he ft 6years for fraud. But it wasn't even us who did any fraud but anyway as my husband did speak up he just took it and let the fraudsters out. Ignoring that he got sintemced jully2017 we have appealed as the type of thing he got done with was only worth like 3 years sentence so we r speaking it. How long does it take for appeal to get bk

ENH Editor 23/10/2017 at 12:52 pm

@John - you'd have to make an official complaint to the courts and the council. I've never heard of anything like this happening before.

John 22/10/2017 at 6:20 pm

A while ago i was taken to court by our council for non payment of council tax. Whilst i admit i owed some money I was disputing the amount of benefits i received. when I arrived at Court i was met by 2 council officers. They wanted to know what my dispute was so I explained. They said they could sort the problem out and I did not to go in front of the judge. The next thing I know is that they got a judgement against me and did Nothing to sort my problem out.
They lied to me and they knew I was disabled. What can I do now help please

Donna 08/10/2017 at 11:03 am

Hi my nephew was in court a week ago for a criminal case which he pled no guilty, three witness who all lied under oath who are his family. He has ADHD and involuntary ticks which he has no control over, the judge took and instand dislike to him and came back with the shocking guilty verdict. I was wonder as no solid evidence was provided in court could we appeal on the this ground and that his disabilities were not taken into consideration during the trial. He is due for sentencing on Tuesday any advice would be geatfully appropriated

Chris A 07/10/2017 at 5:34 pm

Hello, I recently was caught speeding in a large van doing 68 on a dual carriage way and my compamy got the penatly notice. I updated the company with all my details to ensure they could fill in my drviers details and I take the points. I then sent off the forms with my details to accept the points.

After not hearing any reply for 5-6 weeks I rang Cornwall Magistrates and they told me to just wait. This was around July time.

I have been waiting patiently....

Now... I just got a letter through yesterday telling me the court has ordered 6 points and a £880 fine.

Now I am in a situation where I cannot prove I filled out the form and sent it and they are assuming I ignored them and I cannot prove against that.

I genuinely had no problem accepting the 3 points as I had no defense. Now my situation is I cannot continue at my workplace as I would have 9 total.

Do I have any right to appeal this sentence?

Can they really sentence me in court without me even knowing? They claim they sent two lots of post informing me of this but I never received any of these or clearly I would of contacted them. They could of just contacted my mobile or email from the DVLA surely?

Please do offer any good advice as I need to consider my options. Thanks in advance

CourtroomAdvice Editor 03/10/2017 at 10:54 am

Yes, he is still classed as disqualified and cannot drive until he has passed his test again.

Bingo 02/10/2017 at 2:07 pm

Hi,My husband was disqualified from driving in 2009 for 2 years with the condition of re sitting his test to gain his licence back.On checking his licence on line with DVLA it now shows that his ban has finished.He has not applied for his licence back as yet nor re sat his test as was unsure as to if he wanted his licence back.Is he still classed as being disqualified from driving until he applies for his licence back?

Cal 14/07/2017 at 1:30 am

I've appealed a failure to disclose driver details conviction which was heared without me knowing about it and missed the court hearing due to my little lad being ill, I've emailed the courts to apply to have the appeal reopened but the judge has refused this, I'm a relatively new driver 20 months and now the 6 points has revoked my licence and as a hgv driver I cannot work, is there anything I can do??

Ben Editor 23/06/2017 at 1:49 pm

@Dy - you're not going to get away with appealling your conviction if you were under the influence of alcohol! You'll have to suck it up and pay up.

Dy 21/06/2017 at 12:18 am

I've been convicted and order to pay a fine of £285 for threatening a ticket man which I was requested to pay £40 every month installmentally. I have pay £40. Can I appeal against My conviction as I was under the influence of alcohol when the harassment took place?

AB 18/03/2017 at 12:39 pm

I was ban for six month from diving without penalty point. Will the ban stay on my licence after the six month ban expire?

I leave in Liverpool Merseyside but i was tried in Luton (Bedforshire) magistrate court. Now I want to appeal against the magistrate decision, will my appeal be heard in Liverpool where i leave or Luton where the initial case was tried. Can I made the appeal in Liverpool Magistrate court?

CourtroomAdvice Editor 17/03/2017 at 11:38 am

We get many questions in daily across our sites and try to get to them where we can. In your case, you would have to see a specialist motoring lawyer for advice regarding this.

Blublu112 17/03/2017 at 12:49 am

Hi, I posted a comment on this page on the 15th march 2017, I was lead to believe by leaving a comment we would get a little advise on our issues ? Is this so or is just to inform other people of circumstances within the jurastiction world, I'm confused, appreciate a reply to my query. Thank you..PUT

Blublu112 15/03/2017 at 7:15 am

I was convicted 18th Jan 2017 for minor speeding offences whilst volunteering as a community first responder. I was caught on camera 3 times, I pleaded with the Magistrates that with 9 points I would be unable to respond in my own vehicle to life threatening emergencies within my community, I am out of the 21 day appeal time due to solicitors wasting my time on the appeal request, I received 9 points and fined £235 which I paid in full. Could I still appeal to the magistrates to reduce the points to 6 with higher fines so I may continue my role in the community as with 6 point I am allowed by NHS to still respond. I truly enjoy the volunteer work and have been used many times in my rural village to such emergencies, please help as this has depressed me as I do not work after suffering a heart attack myself and was saved by the intervention of a First Responder.

Mrsspidge 06/01/2017 at 12:29 pm

In response to my comment we have lived at the same address for 10 years the address they sent the correspondence to was a typo error on their part! Its not as if it was an old address of my husbands! It was actually the correct street but wrong number!

bluedriver 16/11/2016 at 11:20 pm

ive won my appeal for failure to disclose driver details in crown court on 4th november 2016 and my penalty points have been removed,i checked online! i was fined £999 when sentenced in august at magistrates. my question is will this total amount be quashed too?ive phoned to confirm this with fines collection but they wont say! the judge said both penalty points and fine are quashed but im confused! do i have to pay court costs?

Witness101 26/10/2016 at 10:37 pm

Hi,
I've requested an appeal against my magistrates conviction and I've been given a date for a rehearing. Will there be a jury this time as it is in Crown or just a judge and magistrates? Can i request a jury?

Shi 18/10/2016 at 4:06 pm

Hi
Appealing - Does 21 days mean 21 working days or 21 days including weekends?

Jay 07/10/2016 at 12:44 pm

Ive appealed against a magistrates conviction i got sentenced to 16month custody. I have 5months left to serve was wondering will my appeal be heard before my sentence expires

CourtroomAdvice Editor 07/10/2016 at 12:27 pm

I'm afraid this is beyond our remit to advise - you would have to seek specialist legal help to see whether you have a case to answer.

ivis 07/10/2016 at 12:06 pm

i have made an appeal against conviction and I have won the appeal and the court quashes the order seizure order made by the Magistrate court to pay the fine and the cost

Hence, I stop paying my fine as only two payments left and i got a letter that the full fine has to be paid.

Despite sending them a copy of the result of an appeal to the services court payments they insist that the payment needs to be made.

I don understand what shall i do so what i went to an appeal process if at the end of the day my dog got kill before de appeal was made in error and i still need to pay the fine despite the quashes order came from the magistrate court

do you mind advising on the above

regards

Craig18 06/10/2016 at 5:35 pm

Keeping a story simple and short -

Magistrates Court did not take into consideration my disability whilst in the court room, not as a mitigation but as a help to get through the case with the full facts. Doctors and Hospital letters's saying that I require everything in writing to help with my Memory loss and Confusion. Which the Courts did not do.

I walked out of the courts under the wrong information and impression, that a driving ban would start when DVLA requests my licence. But this was not the case it had started straight away.

I was not aware and was caught driving 2 weeks after my ban started. - Simply because the court did not adapt to my disability making reasonable adjustments.

I was given 200 Hours and 12 Month Community Order, and a 6 Month driving ban extension. - I am ready to appeal this on the basis of above.

Any advise would be helpful thakyou

Amy 01/09/2016 at 12:37 pm

Hi I had a vehicle that was stolen and I reported it to the police straight away and then I heard nothing more about it for about a year I then got a summons from the court with the charges of failure to give information relating to the identification of the driver of the vehicle that was in an accident which was fled from but obviously the vehicle was stolen and I had reported the theft to the police so I could not tell them who the driver of the vehicle was and they sent a form telling me to fill out thus form on how I am going to plea and send it back and if I was pleading not guilty to not attend court but to wait for a trial to be sent so I didn't go to the court a few days after the court date was I received my form I filled out and posted back to the court with a post office sticker on saying it was refused so I have now received a letter telling me that they sentenced me to 6 points on my license can tell me if I can appeal against thus decision or not and if so how do I go about appealing many thanks Amy

john boy 16/08/2016 at 10:58 am

i went to court on 23rd june 2016 i was charged with assault by beatings on my wife and daughter, my wife had no injuries, my daughter took photographs of her own injuries by her mobile phone handed them into a police station some 9 days after the incident, photographs show no injuries and was such bad quality, my daughter attacked me and scratched my face quite badly , i restrained her and took her to the ground which was for around 10 seconds,in court it was shown my daughter was the aggressor and i still lost the case, the magistrates court trial was to be frank embarrassing , the court did not want to here my statement, was not interested what i had to say , the court had pictures of my facial injuries , the court made the decision based on what they think is correct and what best for everybody , but not justice , i do believe the domestic violence in this country is at a all time high and the courts are under so much pressure that they are making mistakes, i have no previous convictions for violence whatsoever , i have appealed against this decision and appeal has been granted, i hope that in the crown court i get a fait hearing, but have to wait some 7 months for the new trial !!!

not applicable 12/08/2016 at 10:39 am

I was the victim of domestic violence by the perpertrator my 31yr old daughter - I wish to appeal against the decision plus I don't think I had a fair trial- eg I had a major panic and anxiety attack as I entered the witness box which left me in a confused state for at least up to an hour- I was not allowed to look at my statement in court and I was bullied and sort of gagged gicing my evidence so I don't think I was given a fair trial please advice thanks

AndyC 17/06/2016 at 9:01 pm

£240 fine with 240 cost for possession of small quantity cannabis. First offence, admitted
straight away. Personal use only and occasionally at that. Seems harsh to me, who is hurt to the tune of 240?

Bandit 30/05/2016 at 3:53 pm

Last year, whilst driving for a living, I was the victim of a police assisted assault behind the wheel which caused me temporarily to exceed the speed limit. This coincided with passing a camera unit van. The police issued me with a penalty notice. After being summonsed, I contacted a key witness to the method of the assault. They failed to respond in reasonable time. There were repeated requests for adjournment, the last of which was met with no response from the court. Instead they convicted me in my absence, then responded with the provision of a reopening hearing. Not knowing this ensured that even by the time of a reopening hearing, the time limit for appeal had expired. I am going to appeal, as the Criminal Cases Review Commission will require it. The bailiffs are threatening to visit within days. Can I keep them away?

Appeal Barrister 06/05/2016 at 7:38 pm

I am a Barrister who specialises in criminal appeals.

I can help you with your appeal. I even do some appeals for free.

Look be up at criminal-appeal-expert.

I'll be happy to help.

GHS

geordie 03/05/2016 at 11:19 pm

Hello my friend drove through a.red light & a worker claimed he had been hit by my friends car as he drove through my friend said he did not touch the worker he plead guilty to driving through the red light but he would not plead guilty to touching the worker as he did not. This part of the charge was dropped however on day of the day of the court his lawyer said if he plead guilty to all the charges he would not loose his licence as he had discussed this with the fiscal.in court he was fined £1500 & 9 penalty points.he accepts the punishment. He now regrets agreeing to touching the worker as this is a lie. your opinion would be appreciated & is there any way he can appeal this part of the charge
kind regards Geordie

Simple 04/03/2016 at 12:51 am

Never been in trouble with the law but had an argument with a traffic warden where we both called each other names non racist names like snake monkey baboon were both black. He then called the police saying I had a knife & I'm going to kill him which was rediculus.I waited nearly an hour for the police to turn up just to handcuff me search me no object was found then waited on the street in handcuffs with my work uniform for another half hour for a police van to take me to the station where I was there for 9 hours when i was meant to be at work DNA charged for animal name calling
Went to court & the warden denied saying a word to me & I was found guilty now I have a criminal record

Leooo 19/02/2016 at 12:57 am

Was stopped for no insurance as I didn't know my insurance wouldn't cover me on 3rd party on parents car my fault for not checking the small print but I have been given 6 points and now told to resit my test as I'm 8 weeks away from being passed the new drivers act can I appeal to this???please help

julian 05/02/2016 at 9:54 pm

i got given guilty for defending myself and also was attacked by 2 different full grown men with my son in my arms because magistrates added the two stories together putt it down to unreasonable defence so i got done for assault by beating and have to pay a total cost of £1500 these were the two different stories
A.. being the person claiming and B mine

A.. chuck my son to one side then mediately grab the bloke in a head lock making him choke and can not breath scared for his life blanking out then let go and sit on the with him standing above me for the police to arrive seconds later

B... get hit in the solerplex with my son in my arms then step to one side of him then discover another bloke was stood behind him who he then grabs me dragging me forward whilst i have my 2 year old son in my arms forced to put him down due to being pulled onto my tip toe. I then redirect our fall on to the sofa stop him from hitting me we then fall to the floor so i hold him down shouting stop you need to stop he then looks at me as if yes i am going to with a little nod he then lunges for my throat area so i then restrain him to the floor until he eventually did stop. Went to so how someone else was then came back in to the room where i then sat on to the sofa and had a little convo for then the police to arrive

Coombsy 19/01/2016 at 11:15 pm

Hi. I was pulled over by the police on the m4 Wales. I was told my vehicle had no insurance, so they took it off me. In the back of a police car the officer rang my insurance company. They said my insurance got cancelled on the 8th of August for non payment. They also said they've tried contacting me. In which I haven't received letters, calls or emails from them. Anyway after speaking to the insurance company and being passed around (I wasn't giving up, I had no knowledge of this issue with payment) I asked to speak to the manager and told him my version of events. Said I had NO correspondence at ALL. He typed away and then put me on hold.......... Minutes pass he answers the phone said your right we haven't made correct ways to inform you. Said it was a system error (awesome result) said to him I need my car back out of the pound. So he sent me a email with a certain letter (to remove the conviction) to take with me to the police station that will get you off. Took it with me to the police station, they didn't even read it!! Said I'll have to wait for court letter!! Anyway. Filled the court plea form sent it off. Went to court on the 13th of January (never been to court in my life. Nervous) someone come out to see me to see who I was and what I was there for. So told him the short version and his reply was your plea not guilty but in a way 'I was because you don't keep an eye on my outgoings' and if I sticker with not guilty the courts could take my license from me, so nervous set in and got asked in and the better half come in with me. I turn around a whispered guilty or not guilty to her? In the end I plead guilty to settle with a lighter sentence. The letter from the insurance didn't help me at all they basically laughed at it. They made no contact with the insurance company. Nothing. Could I appeal against the courts and what's they likely hood I'd be let off? Any help would be appreciated. Many thanks Ash

Rev 07/12/2015 at 12:34 am

My son who is only 18 and at northumbria uni in Newcastle was caught drinking a bottle of beer on the metro . Recieved a letter stating it was going to court and would be fined £90 ,if he pleaded guilty them he didnt have to appear . He pleaded guilty and said sorry but then he recieved a fibe of £90 plus cour cost so in total £280 for having a small bottle of beer ! Hes only 18 and new to the city and had no idea there was a law against this . It has totally affected him and wants to quit uni and he is not a criminal ! Is this a bit harsh ! Can we appeal ?

betty 30/11/2015 at 3:12 pm

I paid a fine in time and sent my liscence of to wrong place, i was unaware of this as you no longer have paper work to check. So the police took it to court as if i ignored it. The court fined me in total £400.I feel it was unreasonable, and i can appeal in the crown, but is it a case of judges wont go against judges ?. plus i told them im unemployed .

law abiding citizen 16/10/2015 at 12:19 am

I was unlawfully arrested after my neighbours made false allegations that I had been 'harassing' them after we fell out. Their allegations were unfounded and the Police failed to investigate these allegations or speak to me first to hear my version of events. I was issued no PIN's notice or warning. The neighbour's father is a serving Police Officer for the Division which arrested me. I was questioned under caution and answered all of the questions put to me. I was uncondionally bailed even though the Police put me in catogory 2 (with armed/drug dealers). They allowed me to go home where these neighbours continued their vendetta against me, trying to goad a reaction from me whilst I was on bail. I was later charged for offences that I did not commit and my neighbours could not provide any evidence to confirm their allegations. Although noise pollution issues are an environmental issue and parking issues are not a Police matter, GMP used these issues as part of their case against me. I started to get actual evidence via CCTV, photograpic and logged each incident when my neighbours continued their vendetta against me, The Police refused to take any action against them. I started to suffer with severe depression and attended court in a state. My Solicitor advised me to not say anything that would deem "titt for tatt" and failed to show the lay of Magistrates all the evidence I had against my neighbours. I had an unfair trial and was found 'guilty'. I appealed the decision straight away but had to withdraw my appeal because my Solicitor wanted a further £ 4,000 which I didn't have (I had already paid out £3,500 to date), I applied for Legal Aid on the grounds of hardship and this was granted several months later. I wrote to Manchester Crown Court again but was refused a trial because it was 'out of time'. I have been trying to clear my name and get justice but don't know what I can do. I wrote to the Criminal Cases Review Commission but they said as my neighbours committed most of their harassment and intimidation towards me and my family, I needed more evidence for them to get an appeal for me. I am at my wit's end now and slowly giving up on life. I have been treated extremely badly and let down by the 'legal system' which is so unfair. I haven't exhausted all my options yet, I intend to go and see my local MP and take everything I have to show her that there has been a Miscarriage of Justice. Doues anybody have advise for me or have been in a similar position?

Lucy 25/09/2015 at 12:10 pm

In June of 2012 a friend hired a hall to get married. The hall needed a cheque for deposit and because the bride did not have her check book I offered to give mine and filled the hire forms. Wedding came and finished weeks later I received a letter saying I was to be fined for littering that bags from the wedding had been found on the streets. I explained I only helped at the wedding and that I was not paid for any support I offered. Chelmsford council refused to speak to any witnesses or the bride who was willing to take the blame for the rubbish as they had given the job of clearing to someone else. Now I am faced with a 875 fine to pay that they have done attachment of earnings for and yet I never got correspondence from them to say they are still pursuing me for the fine. I want to take the council back to court is this possible?

ad 22/09/2015 at 9:00 pm

I have a case of fare evasion where train. Company took court proceeding against me .I was completely unaware
Of court proceeding however through London collection and compliance I come to know about 302. Fine .

Incident happen 12 January ,12 June Mc court give jugument .8th August I come 2 know through Dept collector London collection and compliance .
I wrote to court I was not aware and called them to know about decision they made on 12th June in my absence .I was told 185 fine,100 court 15 victims charges
They didn't mention I was convinced now I m wondering where I was convinced and if this is the case I m going to reopen the case

I need to know where magistrate court impose fine only or I was also convicted .
Plz help

Thank you

Regards

chris 14/09/2015 at 2:00 pm

i was convicted of driving uninsured in10 and cu30 but i was at work at the time of the offence and it was not even my car. the issue i have now is im waiting for my appeal but can not get insurance on my car as the in10 conviction is on my license.
should this be removed untill the appeal is complete?

CourtroomAdvice Editor 28/04/2015 at 2:02 pm

@Apostrophe - this is a tricky one as theroretically you should, as an employed driver be doing your own checks before you go get into a car. On the other hand, you are employed by someone else, who should also be responsible for making sure the cars in the fleet are up to scratch and of course the owner driver has a responsibility for this car. I'm afraid this wont answer your question, because it will be down to whether you think you have a good case or not and I can not predict the what the court may decide, as other factors may come into play. I would do a bit of research, it's amazing what you can find on the net that might help you make a decision on whether or not you should go ahead with your appeal.

Apostrophe 26/04/2015 at 1:22 pm

I am appealing to the Crown Court after missing the 21 day limit after i was given 9 points for 3 x CU30.It was in a private hire taxi that I was driving.It was not my car and I had only been driving it for a couple of days without checking the tyres.Not I am wondering whether to withdraw the appeal in case they award costs against me or increase my fine from £200 with £85 costs.

CourtroomAdvice Editor 17/04/2015 at 2:53 pm

@Christo - you'd need to have proof regarding your request for rescheduling, and that it fitted in with the court's timescales. The courts generally would take your holiday into account if pre-booked, so then you would have at least grounds for appeal.

Christo 16/04/2015 at 2:17 pm

I received a NIP regarding a motoring offence - Speeding (mobile camera) plus failing to provide details of driver.
I returned papers entering a plea of not guilty.
I attended court (in a different county than my own) to enter the same plea of not guilty.
The court rescheduled a full hearing in a court nearer to my home.
When I received the new court date it clashed with a family holiday. I wrote to the court requesting a different hearing date. I awaited notification from the court. Upon returning from holiday I have received notification that the hearing had gone ahead in my absence; I was found guilty on both counts, receiving nine points on my licence and a £1,600 fine!
I would never have entered a not guilty plea had I not had a very strong case against the prosecution, neither would I have been stupid enough to enter a not guilty plea and then not turn up to a hearing!
What is the procedure for requesting the turning over of this judgment and gaining a full re-hearing of this case?
Thank you.

Heather Editor 26/03/2015 at 2:34 pm

@Innocent OAP -Hopefully in the Crown Court the truth will out and you are innocent of the crime, you will be cleared.

Innocent OAP 24/03/2015 at 6:43 am

I am a vulnerable OAP who was arrested for asking two men to stop damaging/stealing my property. My doctors had written to the court that I was too traumatised to be able to give evidence. The magistrates ignored this and even allowed one of the men to raise new allegations on which he had no evidence. I had thought I was innocent until proved guilty and that the burden of proof was on the prosecution rather on myself to prove my innocence where there was no evidence that I could have committed an offence. I now have to go through an appeal in the crown court but wonder if things will be any different there? I feel I am getting no help.

Call Saul 07/03/2015 at 8:11 am

An Appeal after Trail at the Magistrates is a re hearing of the case in full.The case is presented and the order of play is exactly the same.Pros opening pros witnesses[live pros written statements as agreed then Defence case with usually Defendant then any other Defence witnesses.Closing by Pros and final word a closing from the Defence.Legal advisor gives guidance on any point of law such as self defence,Mags retire and call in the LA if they require further assistance on the law or wish to re visit any exhibits[written statements or cctv etc]

Mike 16/10/2014 at 10:00 pm

Hello

When appealing against a magistrates judgement at the Crown Court who gives their evidence first at the appeal hearing? Is it the appellant or the respondent?
Thanks
Mike

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