How to appeal a magistrate's Court fine

Stop enforcement by lodging an appeal against a magistrates' court fine at 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 are eligible to challenge the fine under two circumstances: if it surpasses the legal limit or if the court, during sentencing, or the court failed to consider any mitigating factors that could have resulted in a reduced fine.

Consult the Sentencing Council's guidelines for the specific offence category to determine the minimum and maximum fines permissible. Factor in the mandatory victim surcharge and any additional court costs to calculate the total fine. If this total falls below the fine you received, you have grounds to appeal.

Examples

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

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

Additionally, the court is required to impose a victim surcharge as per the Criminal Justice Act 2003 (Surcharge) Order 2012. This surcharge serves to contribute to charitable funds for Victim Support.

Furthermore, the court has the authority to include prosecution costs, and it must consider mitigating circumstances that could either increase or decrease 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 the fine surpasses the established maximum limit, it is manifestly excessive and you have the option to contest it in the Crown Court. You need to formally request the court to suspent the warrant of control until your appeal has been assessed.