Section 142 Magistrates Court Act 1980Under Section 142 of the magistrates Court Act 1980, magistrates have the authority to get your case reopened in order to rectify an error.
How To Get a Case Reopened in Magistrates Court
Reopening a Case in the Magistrates Court
The only standard practice method of setting aside a conviction is to appeal to the Crown Court, or if you were not aware that proceedings were happening you can make a statutory declaration.
Under Section 142 of the magistrates Court Act 1980, magistrates have the authority to get a case reopened in order to rectify an error.
This might be used if you have missed a stage in the case proceedings, or if you have been found guilty and convicted in your absence.
It might for example be possible for a Magistrate to re-open your case if you have an insurance certificate that provides insurance cover for you in relation to an alleged offence but you weren’t able to provide it to the Court when you were originally convicted, either because it wasn’t possible to get hold of a copy or you were not present for that stage of the court proceedings.
Magistrates are required to act on proper judicial grounds in deciding if it is the interests of Justice for the case to be re-opened to allow for the error or mistake to be amended. This is a general power to amend errors and mistakes.
As soon as you become aware that a mistake has been made you should make an application as a matter of urgency. The less delay in making an application under Section 142 the more likely it is to be successful.
If you wish to request the Magistrates to use their powers under Section 142 to re-open a case you will need to speak to the Court Listings Department so that you can attend Court and make an application.
There isn’t an application form for the request, instead you will go before the Magistrates and outline the circumstances of the mistake that you believe has been made. This is your opportunity to persuade the Court that they should re-open the case in the interests of Justice.
For more assistance reopening a case, please click below to Ask a FREE question without obligation.
Do you depend on your driving licence for your job? We can help defend allegations…
Google Rating
-
I contacted Patterson Law when I received a FPN. Rachel and Danny got back to me very promptly with thorough written advice … More and responded each time with my follow up questions. Professional, responsive and informative. They really helped me make an informed decision. Thank you.
-
This lovely team has helped me in court twice now, yesterday being the most important court case for me as I facing a 6 month … More ban due to being a totter. They worked hard and amazingly well to make sure I had the best possible chances of beating the case, and I did! I'm so relieved and happy that it's finally over. The money I paid was definitely reasonable and worth it! Not overpriced at all as I got more higher quotes from others. Thank you for being such a brilliant service, appreciate you guys so much! More than 5 stars I wish I could reward
Testimonials
I wanted to thank you for all the good and diligent work you have done on my behalf. I am very pleased with the final outcome of my court case and most satisfied with the level of service you provided.
Dear Louise, I would like to express deep appreciation for all the work and effort you've put into my case and for ultimately getting me the decision that I wanted. Your professionalism, ease to communicate with, understanding of my problem and successful result are all testimony to your excellent legal services. I would recommend anybody with a Road Traffic Offence matter to your use your firm as they can be assured of an excellent and thorough service. Thanks again.
Having Googled for a solicitor who had expertise in the area of my alleged offence I found your firm and I have to say it I am so glad I contacted you. From the first phone call the attitude from your office was positive and informative. Once I instructed your firm officially I immediately felt that my case was at last being handled by someone who actually had an interest and knowledge and wanted to provide an exceptional service. All in all a positive experience. My thanks to all who had dealings with my case and especially to Louise for the expediency with which she dealt with the case saving me many sleepless nights. Very professional, honest from the outcome, didn't raise my hopes at getting case discharged at all. Very well done.
It is extremely rare to do a web search and stumble across a firm of any profession, and actually receive a first rate service, but that’s what’s happened in this instance. My hesitation was doubled by the fact they are located 200 miles away from me. From my initial contact through the web site, the call back was very, very fast, and the conversation put you in no doubt you were in safe hands. The contact with the secretaries was fast and efficient. The information from both the Principle Solicitor Emma Patterson and the Solicitor and Senior Case Progression Officer Louise Kippax was professional, useful, thorough and pragmatic. I wish more people in all professional services sector were as down to earth, and say it like it is! Overall, I would have no hesitation in recommending this firm. Thank you!
Great Response, Great Advice, Great Service and … Great Result – Thanks.
Frequently Asked Motor Law Questions
See All Frequently Asked Question Offence Categories Here
About Us – See here for details about our law firm.