If you are not satisfied with a decision by the Magistrates’ Court, you have the right to appeal to a higher court, the County Court.
You may choose to appeal a conviction or sentence provided by the magistrate.
Time Limits
If you wish to appeal, you must do so within 28 days from when the magistrate imposed a sentence. To appeal, you must file a Notice of Appeal with the Registrar at any Magistrates’ Court.
Filing outside of this time limit can be more complex and time consuming as you will need to seek permission from the County Court’s judge.
Magistrates’ Orders After Appealing
Certain orders made by a magistrate will be paused, and you will not be required to comply with them until your appeal is heard.
If you were:
- sentenced to jail;
- had your driver’s licence suspended or cancelled;
- required to register as a sex offender; or
- subjected to follow conditions of an intervention order
You must follow these orders even if you are choosing to appeal.
Outcomes of Appeal
Before you choose to appeal a magistrate’s decision, it is essential to be aware of the possible outcomes of your appeal.
There is no guarantee that the judge will provide you with a lower sentence. In fact, if you plead guilty or are found guilty, the judge may find that the sentence the magistrate imposed on you was light and may impose a higher sentence. Alternatively, the judge may provide you with the same sentence the magistrate gave you.
It is important to consider these possibilities before lodging an appeal.
If the judge decides to give you a higher sentence, they must warn you of this before imposing the sentence. You will then have the option to drop your appeal.
Legal Advice
Obtaining legal advice before appealing is generally recommended. A lawyer can help you understand your options, the appeal process, and the nature of your appeal. At Jay & Co, we have extensive experience in appeals. Contact us today for a consultation to better understand this process.
