Appealing to the Crown Court to overturn a wrongful magistrates’ court conviction

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Appeal Against Conviction Magistrates Court

“If you feel you have been wrongly convicted following a trial in the magistrates’ court, you can appeal against your conviction to the Crown Court within 15 business days of your sentence”

On this page …

Your appeal against a magistrates’ court conviction
What happens at an appeal against conviction to the Crown Court?
What can the Crown Court do after hearing my appeal against conviction?
How do I appeal against conviction from the magistrates’ court to the Crown Court?
Bail pending appeal and Suspension of disqualification
Can I appeal against both my conviction and sentence?
Can I abandon my appeal against conviction?
Alternatives to appealing to the Crown Court
Re-opening a case before the magistrates’ court
Appeal by way of Case Stated
Criminal Cases Review Commission (CCRC)
Further Information

Miscarriages of Justice - Your appeal against a magistrates’ court conviction

If you feel you have been wrongly convicted following a trial in the magistrates’ court, you have the automatic right to appeal against your conviction to the Crown Court within 15 business days of your sentence.

When you appeal you become known as the Appellant and the prosecution is referred to as the Respondent. This type of appeal is only open to the person convicted at the magistrates’ court, it is not open to the prosecution.

You may feel, for example, that the magistrates or District Judge who found you guilty at your trial have simply got it wrong and believed the wrong witnesses; you might consider that evidence has been allowed to be considered that should have been excluded, or that evidence was not considered that should have been (and could have made a difference); you might have now discovered evidence that you wish the court had been aware of; you might feel that the way the law was interpreted in your case was wrong; or you may think that problems occurred during the trial that made the whole process unfair.

More unusually, circumstances may have occurred where you pleaded guilty to an offence but now consider that you were wrong to have done so.

Every case is unique, but whatever the precise problem in your case, if you have been convicted in the magistrates’ court you are entitled to appeal against your conviction to the Crown Court.