08/07/16

Criminal Appeals & The Criminal Cases Review Commission

Criminal Appeals & The Criminal Cases Review Commission
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Can I Appeal? 

In criminal cases it’s always difficult to understand what to do once you have been convicted or sentenced as most believe that the decision made by the court is final, but is it?

Decisions in relation to conviction and sentencing do not always have to be final.

When a defendant is convicted or sentenced by the Crown Court, the defendant can appeal on a number of grounds.

The appeal can be based on various grounds such as the conviction is unsafe due to the law having been incorrectly applied at the original trial or that the sentence passed is manifestly excessive.

Commonly, appeals are lodged on the basis that the sentence passed is excessive; however no two cases are the same. Every single case is different and is judged on its own facts.

When sentencing, the Judge has precedents in the form of case law, (previously decided cases), as guidance. The Judge is further guided by sentencing guidelines that are set out by law.

When passing sentence the Judge will also take into account other factors such as:

  • whether or not you had a Trial;
  • whether you pleaded guilty at the earliest opportunity and if not at what stage of the proceedings you pleaded guilty;
  • your previous convictions;
  • the contents of any Pre-Sentence Report  and any character references.

Where do I Appeal? 

This depends on where your case was originally heard.

If your case was dealt with in the Magistrates Court then permission could be sought for your appeal to be heard at the Crown Court and, failing which, you could apply to the Court of Appeal (Criminal Division).

If your case was heard in the Crown Court, your appeal would normally be heard in the Court of Appeal (Criminal Division).

If your appeal is initially refused by the Single Judge in the Court of Appeal, it is still possible to have your appeal heard by the Full Court of Appeal.

Kangs Solicitors can advise on whether this would be an option in your case.

If your appeal has been refused by the Full Court of Appeal, Kangs Solicitors can prepare your appeal so that it is dealt with by the Criminal Cases Review Commission should you not agree with the decision of the Court of Appeal.

In some instances your case may even be taken  to the Supreme Court or the European Court of Human Rights.

What are the time limits?

Generally, any decision made by the Magistrates Court must be appealed within 21 days after conviction/sentence.

A decision made by the Crown Court must usually be appealed within 28 days of conviction/sentence.

You must normally comply with these time limits  to appeal. However, there is an exception to this rule and a request can be made to the Court to request that an Appeal be allowed out of time.

Kangs Solicitors can help in making this type of application and it is important that, for an appeal to be heard out of time, leave is requested and the reasons as to why your application is out of time is fully explained  to the Court.

Funding your case 

KANGS Criminal Appeals Team will always discuss and inform you of what your case is likely to cost. We endeavour to deliver the best service at a reasonable price and strive to keep the costs as reasonable as possible.

How we can help you with Criminal Appeal Cases?

Kangs Solicitors can help you with your Criminal Appeal whether it’s to the Crown Court, Court of Appeal, Supreme Court or the European Court of Human Rights.

Criminal Appeals are not just limited to Appeals against Sentence or Conviction  but also to appeals, for example, against decisions made in relation to Confiscation Proceedings

Kangs Solicitors has an experienced dedicated team that specialises in this type of work.

We can assist in cases where:

  • you just want advice,:
  • you want us to consider your case papers and provide a second opinion;
  • you would like us to deal with your appeal from start to finish;
  • you would like to challenge the amount decided by the court in relation to a Confiscation Order

Regardless of what your position is, our team of experienced solicitors would be happy to assist.

Why Choose Kangs Solicitors Criminal Appeals Team?

KANGS Criminal Appeals Team is recognised in this area due to the years of experience that we have and the realistic advice that we provide in relation to prospects of success.

There are not many law firms that can provide expert advice and dedicate the time that Kangs Solicitors can when preparing your Appeal.

KANGS Criminal Applications Team will do whatever it takes to ensure that you stand the best chance of getting justice.

Therefore, if you  believe that:

  • you have been wrongly convicted: or
  • had a sentence imposed that is manifestly excessive or wrong in law: or
  • there were serious errors made during your trial: or
  • facts were not put properly before the Jury; or
  • there is now new evidence which could potentially make your conviction unsafe,

If we can be of assistance, our Team would be delighted to hear from you, simply call or email us using the contact information below:

Tel:       0333 370 4333

Email: info@kangssolicitors.co.uk

We provide an initial no obligation consultation from our offices in London, Birmingham, and Manchester. Alternatively, we provide initial consultations by telephone or video.

Tim Thompson

Tim Thompson
Partner

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John Veale

John Veale
Partner

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