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Appeal a magistrates’ court decision

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1. Overview

If you’re unhappy with a decision made by a magistrates’ court, you can challenge it or ask for it to be reviewed (appeal it).

There are different rules for and .

You can talk to your legal representative (if you have one) or get help from a legal adviser before challenging a magistrates’ court decision.

This guide is also available in Welsh (Cymraeg).

Get your fine reviewed

You can get your fine reviewed if you’re struggling to pay the fine you’ve been given.

Ask the court to reopen your case

You can ask the court to reopen the case:

2. Get a fine reviewed

You might be able to have your fine reviewed if you want to reduce:

  • your regular payment amount
  • the total amount you owe

You’ll need to provide evidence of your income such as payslips or a proof of benefit letter.

If your income has changed since you were sentenced, you’ll also need to provide evidence of your income on the date you were sentenced.

Reducing your regular payment amount

You can ask to reduce your regular payment amount if you cannot afford it. You may be given longer to pay the fine.

Contact the court or enforcement centre on your notice to reduce your regular payment amount.

Reducing the total amount you owe 

You can only apply to reduce the total amount you owe if you earn less than £440 a week and either:

  • the court did not know this when it gave you the fine
  • your financial circumstances have changed since you were given the fine

If the court agrees to reduce your fine, you can agree a new regular payment amount at the same time. 

You must apply online to reduce the total amount you owe. 

You may need to attend court for another hearing. The court will let you know if a hearing will take place.

3. If someone has falsely given your details to the police or courts

You might be able to ask the court to reopen your case if someone gave your name to the police for a crime you did not commit.

How to ask the court to reopen your case

  1. Call the local police on 101 to report that you did not commit the crime.

  2. Apply online to ask the court to reopen your case. You’ll need to provide evidence to prove that you were not the person who committed the offence.

  3. The court will decide whether to reopen the case or contact you if you need to take any further action.

4. If you did not know about your case

If you did not know about your case, you can ask the court to reopen it.

You must do all of the following:

  • apply to the court
  • make a legal statement known as a ‘statutory declaration’
  • attend a court hearing

Applying to the court

You must apply online.

You’ll need to provide details of where and when your hearing was held and how you heard about your court case.

You’ll need to make a legal statement saying that you did not get a notice telling you about the charges.

You can either make the legal statement:

  • before the court hearing with a legal representative such as a solicitor - you’ll have to pay to do this
  • at the court hearing - this is free

If you knew about your case but did not know there was a hearing, you may not need to make a legal statement. You can ask the court to reopen your case because the court did not have all the information.

After you’ve applied

If the court accepts your legal statement they will reopen your case.

You can still be guilty of the offence, even if you did not know about your case. 

If your case is reopened and you’re found guilty, the outcome might be different. For example, your fine or the number of points on your driving licence could increase.

5. If the court did not have all the information about your case

You can ask the court to reopen your case if:

  • the court did not receive documents to support your case
  • the court made a mistake
  • you did not get chance to speak to the court about your case

You might not have spoken to the court if, for example, you did not know about the hearing or had a good reason for not attending.

The court will decide whether they will reopen your case.

If your case is reopened and you’re found guilty, the outcome might be different. For example, your fine or the number of points on your driving licence could increase.

How to ask the court to reopen your case

You must apply online.

6. How to apply

You can apply to challenge a magistrates’ court decision if:

  • you want to ask the court to reduce the total amount of a fine
  • someone falsely gave your details to the police or courts
  • you did not know about the case against you
  • you did not attend the hearing, or the court did not have all the evidence

You can apply:

  • by phone
  • online

You’ll be asked questions and told which type of application you can make. It’s free to apply.

Before you start

You’ll need:

  • your unique case reference number - find this on your notice letter, or any letter from the court or prosecutor
  • your driving licence number, if your case relates to a driving offence
  • evidence of your income (such as payslips or a proof of benefit letter) if you’re applying to reduce your total fine amount
  • any additional documents you want to upload to support your case

If you do not have your unique case reference number call the Courts and Tribunals Service Centre.

Apply by phone

Contact the Courts and Tribunals Service Centre.

Courts and Tribunals Service Centre
sjs@justice.gov.uk
Telephone: 0300 303 0656
Monday to Friday, 9am to 5pm
Find out about call charges

Apply online

It takes about 30 minutes to apply. You can save your progress and come back later.

You can talk to your legal representative (if you have one) or get help from a legal adviser before challenging a magistrates’ court decision.

If you need help applying

If you need help, who you contact depends on what you need.

If you’re having technical issues or need guidance about how to appeal:

Courts and Tribunals Service Centre
sjs@justice.gov.uk
Telephone: 0300 303 0656
Monday to Friday, 9am to 5pm
Find out about call charges

If you do not have access to the internet or do not feel confident using it:

We Are Group
support@wearegroup.com
Telephone: 03300 160051
Monday to Friday, 9am to 5pm
Closed on bank holidays
Text FORM to 60777 and someone will call you back
Find out about call charges

7. When to appeal to the Crown Court

You can appeal to the Crown Court if your request was refused for either:

  • a review of the fine amount
  • the magistrates’ court to reopen your case because they did not have all the information

How to appeal

Download and fill in the ‘Appeal to the Crown Court’ form that relates to your crime or sentence. Send the form by post or email. The address is on the form.

If you were convicted at a magistrates’ court but sentenced at a Crown Court, follow the rules for appealing a Crown Court decision.

When to appeal

You usually need to appeal within 15 working days of the date you were sentenced.

If you appeal after 15 working days, you need to explain why your appeal is late in the form and provide evidence. The Crown Court may not consider your late appeal.

Talk to your legal representative (if you have one) or get help from a legal adviser before you appeal.

The court hearing

The Crown Court will make a decision on your appeal at a hearing. It may hold a preliminary hearing first, to decide how the evidence should be given.

You’ll get a letter to let you know when and where the hearing, or preliminary hearing, will take place.

What happens at the hearing

You’ll have the chance to present your case to the judge and magistrates. Representatives from the prosecution will present the case against you.

The judge might also ask you questions during the hearing.

You’ll be told whether you’ve won your appeal at the hearing. You’ll also be sent a copy of the judge’s decision by post.

Stopping your appeal

You can apply to stop your appeal before the hearing. Your appeal cannot be restarted once it’s been stopped.

Send a ‘notice of abandonment of appeal’ to the magistrates’ court where you sent your appeal and the Crown Court where your hearing will take place.

You must also send a copy to any other parties involved in the case, for example a prosecutor.

If you win your appeal

If you win your appeal against your conviction, your sentence will no longer apply. You might be able to apply to get compensation.

If you win your appeal against your sentence, it will be reduced.

The court might decide you can get some of your legal costs paid back, for example your solicitor’s fee.

If you lose your appeal

Your original sentence or conviction might change.

Check with your legal adviser if you can appeal again. You might have to pay extra costs if you do.