We’ll review what happened, assess whether you meet the legal test and act quickly to put your position back before the court. If an application is appropriate, we’ll prepare the paperwork, gather supporting evidence and represent you at the hearing.
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If you were convicted or sentenced without having a fair chance to deal with the case, you may be able to apply to have the matter reopened.
Applications to Re-Open a Case
Re-Opening a Motoring Conviction
If a case was decided in the Magistrates’ Court without you knowing about it, or something went wrong in the way the case was handled, it may be possible to re-open the proceedings.
This often arises in motoring cases involving speeding, failing to identify a driver, using a mobile phone whilst driving or no insurance offences where you were sentenced in your absence.
There are two main ways a case can be reopened:
- A Statutory Declaration under section 14 of the Magistrates’ Courts Act 1980.
- An application to reopen the case in the interests of justice under section 142 of the Magistrates’ Courts Act 1980.
Each procedure serves a different purpose and is discussed further below.
Statutory Declarations
A statutory declaration is used where you were not aware of the proceedings against you.
If you did not receive the court papers and only discovered the conviction later — often when checking your licence or receiving enforcement correspondence — you may be entitled to make a statutory declaration.
The declaration confirms that you were unaware of the case. Once accepted by the court, the conviction and sentence are set aside and the proceedings start again.
Strict time limits apply. A statutory declaration should normally be made within 21 days of becoming aware of the conviction.
Re-Opening a Case in the Interests of Justice
Section 142 of the Magistrates Court Act 1980 gives the Magistrates’ Court a broader power to reopen a case where it is in the interests of justice to do so. This may apply where:
- There was a procedural error in the case
- Important evidence was not considered
- The wrong plea was entered
- A mistake occurred in the handling of the proceedings
Unlike a statutory declaration, this application asks the court to exercise its discretion to revisit the case. The court will only do so where it is satisfied that reopening the case is necessary to avoid injustice.
What We Do
Applications to reopen cases require careful preparation and prompt action. Our solicitors will:
- Review the original case and court paperwork
- Identify whether a statutory declaration or section 142 application is appropriate
- Prepare the necessary documentation
- Liaise with the court to arrange the hearing
- Represent you when the application is considered
Our advice focuses on resolving the conviction and restoring your position as quickly as possible.
Jack Cooper is a specialist motoring law solicitor with extensive experience representing drivers across England and Wales.
He has defended drivers in every type of motoring offence, including drink and drug driving, speeding, dangerous driving and failing to provide a specimen.
Jack is an experienced court advocate, regularly appearing in the Magistrates’ Courts and preparing complex cases for trial.
John Fairhurst is an experienced motoring law solicitor who has represented hundreds of motorists facing prosecution across England and Wales. He has handled cases from police-station interviews through to trial, working closely with barristers and expert witnesses to develop strong legal strategies.
John also undertakes advocacy in the Magistrates’ Court and is known for his calm, practical approach and clear communication with clients.
Key Differences
Although both procedures allow a case to be reopened, they apply in different circumstances and follow different legal routes.
- Statutory declaration – used when you were unaware of the proceedings.
- Section 142 application – used where the court should reconsider the case in the interests of justice.
Choosing the correct procedure is important. The wrong approach can delay or complicate matters.
Common Situations Where Cases Are Re-Opened
Applications to reopen cases frequently arise in motoring matters where a decision was made without the driver’s knowledge. Common examples include:
- You were convicted of speeding after a Single Justice Procedure Notice was sent to an old address
- You received 6 points for failing to identify the driver (Section 172) without knowing the case had gone to court
- A driving disqualification was imposed in your absence
- You discovered a conviction when checking your DVLA licence record
- Enforcement action or a fine collection notice alerted you to the conviction for the first time
In these situations, a statutory declaration or section 142 application may allow the case to be reopened so it can be dealt with properly.
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If you have discovered a conviction you were unaware of, or believe a mistake was made in your case, early advice is important. Delay can make it harder to reopen the proceedings.
Call us on 01942 364493 for free initial advice or use our contact form and we’ll call you back.
