How to appeal a magistrate's Court fine

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


The Law:

Section 108 of the Magistrates Courts Act 1980 states:

Right of appeal to the Crown Court.

(1)A person convicted by a magistrates’ court may appeal to the Crown Court—

(a)if he pleaded guilty, against his sentence;

(b)if he did not, against the conviction or sentence.


You can only appeal the fine if it exceeds the statutory maximum, or the court, when passing sentence did not take into consideration any mitigating circumstances that may have resulted in a lower fine.

Look up the offence type in the guidelines provided by the Sentencing Council, and work out the minimum and maximum fines possible for the offence. Add the mandatory victim surcharge and any costs added by the court, which gives a total. If that total is less than the amount you were fined, you can appeal.

Example

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

In the sentencing guidelines, a Band C fine is 150% is weekly income

The court must add a victim surcharge under the Criminal Justice Act 2003 (Surcharge) Order 2012. This was introduced to provide charity funding for Victim Support.

The court also has a power to add the cost of prosecution, and must take into consideration mitigating factors to increase or reduce the fine.


Factors increasing a fine

  • Previous convictions
  • Offence committed whilst on bail
  • Failure to comply with court orders
  • Offence committed on licence or post sentence supervision
  • LGV, HGV, PSV etc
  • High likelihood of driving
  • Taxi or minicab driver

Factors reducing a fine

  • No previous convictions or no relevant/recent convictions
  • Low likelihood of driving
  • Spiked drinks
  • Remorse
  • Good character and/or exemplary conduct
  • Serious medical condition requiring urgent, intensive or long‐term treatment
  • Age and/or lack of maturity where it affects the responsibility of the offender
  • Mental disorder or learning disability

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. You must apply to the court to suspend the warrant of control until the court has determined your appeal.