Call us 0333 370 4333
22/01/18

Criminal Appeals | Kangs Criminal Appeal Solicitors

Share

An appeal against the duration of a sentence passed by the Crown Court may be lodged by an aggrieved defendant, in certain circumstances, to the Court of Appeal.

Steve Micklewright from Kangs Solicitors outlines some of the matters which have to be considered and general steps attaching to the appeal process.

Advice On Sentence and Appeal | Kangs Criminal Advisory Team

Sentencing Guidelines for the judiciary provide, on the whole, a reliable indication of the sentence which any convicted defendant can expect to receive and these provide a solid basis upon which a defendant’s expectations can be managed during the prosecution process.

However, situations regularly arise where, perhaps as a consequence of unexpected serious evidence being given by a witness during the hearing, or a mistake on the part of the Trial Judge, the sentence delivered is much harsher than anticipated leaving the defence team with the decision as to whether or not an appeal is justified and has merit.

Invariably, a defendant’s immediate reaction will be to appeal but the intricacies of the case may well result in the defence team requiring time to thoughtfully consider all aspects before reaching a decision as to whether or not the grounds required for an appeal can be substantiated.

Grounds For An Appeal | Kangs Criminal Defence Solicitors

The need for careful consideration by the defence team before supporting an appeal is partly based upon the fact that the Court of Appeal will not overturn the Judge’s ruling simply because, as an appeal court, it would have passed a sentence different to that decided by the Trial Judge.

Whilst there are a number of grounds for appeal, in general terms the Court of Appeal will need to be satisfied that the sentence passed is either:

• wrong in principle, or
• manifestly excessive.

The Appeal Process | Kangs Court of Appeal Solicitors

If the defence team considers that the defendant’s wish to seek an appeal has merit his counsel will prepare written ‘Grounds of Appeal’ which will accompany the completed Court Application Forms.

The Application is considered initially by a Single Judge who decides whether or not the proposed application has merit.

If he does, the application will be referred to Court for hearing but, if he does not, the appeal could still proceed to the full Court but this could be a hazardous route involving very serious risks involving a ‘loss of time’ direction and the incurrence of substantial costs if the Court considers the application to be without merit.

Other Considerations | Kangs Criminal Appeal Solicitors

  • The period of time involved in an appeal depends, to some extent, upon the particular nature of the case.
  • Appeals relating to short prison sentences may be expedited and heard in a short period of time although, normally, a period of six months or so is to be expected.
  • Bail will only be granted in exceptional circumstances with the Court normally expediting cases that require urgent consideration.
  • Most appeals are held at the Court of Appeal in London where, in most cases, the outcome is announced at the end of the hearing with the decision taking longer in more difficult matters.

How Can We Help? | Kangs Criminal Appeals Solicitors

At Kangs Solicitors we field a team with a proven track record in pursuing appeals on behalf of clients who wish to appeal their sentence and/or conviction.

Given the strict limits to appeal and the penalties open to the Court should meritless appeals proceed, it is important that you seek specialist advice as soon as possible.

If you wish assistance then please contact:

Sukhdip Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521210

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 07989 521210

Steven Micklewright
smicklewright@kangssolicitors.co.uk
0121 449 9888 |  07989 521210

News insights, Serious Fraud, Services
A former Labour MP, Jared O’Mara, has received an immediate custodial sentence of four years having been found guilty, following his trial, of six counts of fraud relating to false expenses claims for work that he never carried out in respect of jobs that did not even exist. For further Press details please follow the […]
07/03/23
Criminal Litigation, News insights, Services
Kangs Solicitors has recently successfully defended a client facing an allegation of assault occasioning actual bodily harm arising from an incident forced upon him whilst he was simply conducting his  business, running a restaurant in London’s West End, when confronted with an unsavoury situation. Kangs Solicitors was instructed from the onset attending the interview under caution at Charing […]
06/03/23
Insolvency, News insights, Services
Kangs Solicitors has been instructed to defend claims against our client alleging breaches of Section 212 and 213 of the Insolvency Act 1986. The claims are being brought by the joint liquidators of our client’s company on the basis that our client allegedly knew that he and his company were participating in ‘Missing Trader Intra- Community’ Fraud’ […]
01/03/23

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Your privacy is important to us and all details you share will be kept confidential.
Old map of Birmingham