How To Appeal A Magistrate's Court Fine

You may appeal a magistrates' court fine in the Crown Court.

The appeal process is designed to ensure fairness. You can only appeal the fine if it surpasses the legal maximum or the court overlooked any factors that could have reduced the fine during your sentencing.

Familiarising yourself with the offence type in the Sentencing Council guidelines is crucial and will help you determine the minimum and maximum fines. Remember to include the mandatory victim surcharge and any court costs to calculate the total. If your fine exceeds this total, you have grounds for an appeal.

Example:

If the court convicted you under Section 5(1) of the Road Traffic Act 1988 for drunk driving at 93μg, the penalty is a Band C fine with 10 points or a 12-month driving ban.

According to the sentencing guidelines, a Band C fine is 150% of your weekly income.

The court must add a victim surcharge under the Criminal Justice Act 2003 (Surcharge) Order 2012, which funds Victim Support.

The court can also add prosecution costs and must consider mitigating factors to adjust the fine. Mitigating factors are circumstances that may reduce the severity of the offence or the offender's culpability. These include a clean record, cooperation with the authorities, or genuine remorse.

If your fine exceeds the legal maximum, it is deemed 'manifestly excessive.' In such cases, you can appeal it in the Crown Court. Remember, you must apply to the court to suspend the warrant of control until your appeal is decided.

If your fine amount exceeds the prescribed maximum, then it is said to be manifestly excessive, and you can appeal the fine in the Crown Court.

Apply to the court to suspend the warrant of control and stop the bailiffs until the court has determined your appeal.