Application to Re-open a case
Normally the only way in which you can
set aside a conviction is by appealing
to the Crown Court or if you are unaware
of the proceedings by making a Statutory
Declaration (see article on Statutory
Declaration)
However, the Magistrates do have a power
under Section 142 of the Magistrates Court
Act 1980 to re-open a case to rectify
a mistake.
The Magistrates can use this power to
re-open a case for example if you have
missed a stage in the proceedings and
you have been convicted without your knowledge.
You might be able to persuade the Court
to re-open your conviction if, for example,
you have an insurance certificate that
would have covered you in relation to
an alleged offence and you were not able
to produce this insurance certificate
to the Court at the time when you were
convicted, either because you were not
able to get hold of a copy or you missed
that stage in the proceedings.
This is a general power to correct mistakes.
The Magistrates must act on proper judicial
grounds and will consider whether or not
it is in the interests of Justice to re-open
the case in order to allow them to correct
a mistake.
If you delay making an application under
section 142 then this will be harmful
in relation to the likely success of the
application. Therefore as soon as you
know that a mistake has been made you
should make the application to the Magistrates
as a matter of urgency.
If you want to ask the Magistrates to
use their Judicial Powers under Section
142 to re-open a case then you should
arrange with the Court Listing Department
to attend at the Court in order to make
the application. There is no set form
for the application and you will simply
have to stand up in front of the Magistrates
after arranging with the Listing Department
to attend and outline the circumstances
in which you believe a mistake has been
made and try and persuade the Court that
it is in the interest of Justice to re-open
the case.
