The Appeals System
As part of the Judicial System, and in the pursuit of justice, the Appeals procedure provides the process whereby an individual who claims that a judicial process has produced an incorrect outcome may be able to challenge the same.
Often the basis of an appeal is normally that one or more procedural errors had occurred or that there was an incorrect interpretation of the law by the Judge in charge of the trial.
John Veale of Kangs Solicitors briefly outlines the process in respect of appeals in the criminal courts.
Classification of Appeals
Against Conviction:
Such an appeal:
- should be lodged within twenty eight days of conviction,
- should be supported by an Advice and the Grounds of Appeal prepared by the trial defence barrister. Those grounds will set out the reasons why it is alleged that the conviction is considered to be un-safe,
- must be lodged at the Court of Appeal,
- will be reviewed by a Single judge
- if assessed by the single Judge to have merit, will be heard by a court comprising three judges.
- may result in the conviction being quashed and the case being sent back to the Crown Court for a retrial or the appeal being dismissed.
Against Sentence:
Such an appeal:
- will follow the same time constraints and process as explained above,
- will, in the Advice and Grounds of Appeal, set out why it is considered that the sentence handed down was incorrect.
Important Practical Considerations
- an appeal against sentence can be submitted without the support of an Advice and Grounds of Appeal prepared by a barrister. However, if the Court of Appeal considers that the reasons for the appeal are not well founded, it can order that a proportion of time already served in prison will not count against the length of the sentence being served.
- sentences can be increased by the Court of Appeal.
- sentences can be appealed by the Prosecution if it is considered that the sentence passed by the Crown Court is unduly lenient.
- the Sentencing Guidelines, which will have been considered, if properly followed, render a successful appeal against sentence very difficult to accomplish.
Appeals Out of Time
It is possible for an appeal to be submitted out of time where, for example, fresh evidence comes to light that was not available to the defence team at the trial.
In such a circumstance a case may be referred to the Criminal Cases Review Commission which may investigate an alleged miscarriage of justice.
How Can We Help?
The team at Kangs Solicitors has a wealth of knowledge and experience in dealing with the appeals system at all levels.
It is essential that experienced advice and support is obtained at the earliest possible date. If you need legal advice or assistance, we are here to help, please do not hesitate to reach out using the details 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.
