An appeal is by way of a re-hearing. Appeals are usually heard by a Crown Court judge and two magistrates (not a jury). If it is an appeal against conviction the court will hear the case anew from start to finish with evidence being called by both parties. The appellant can call new witnesses not previously relied upon or the same witnesses as he or she chooses. If the appeal is against sentence only the court will hear the facts from the Crown before hearing on behalf of the Appellant.
If you appeal the Prosecution may well instruct a barrister to deal with the hearing. The Appellant can expect to be cross-examined by him or her if appealing against conviction, arguing special reasons, or, if trying to avoid a ban by establishing ‘exceptional hardship’. If you were to lose your appeal the Prosecution would be entitled to ask you to pay their costs – which could be far higher than those in the lower court. If you represented yourself at the Magistrates’ Court, or you were not satisfied by the representation that you received, you may wish to consider instructing an expert in this type of case. Don’t forget that if your appeal is successful an application can be made for a Defendant’s costs order for costs to be assessed and paid out of central funds although you should bear in mind that if such an order is made they are usually only paid at ‘legal aid’ rates.