An Overview of the Criminal Appeal Process
If you feel that you have been wrongly convicted or that your sentence is excessive then you may be considering making an application to appeal. The criminal appeal process can be overwhelming and it is important to ensure you have the correct legal advice and guidance before you begin your appeal application. Our team represent clients at all stages of criminal proceedings, including appeals. When instructed we will provide you with advice on the procedure, likelihood of success and the costs involved in making an application to appeal.
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Appealing a Magistrates Court Decision
If you have been convicted in the Magistrates Court
of sexual
or domestic abuse
then you have an automatic right to appeal the courts decision to the Crown Court within 21 days of conviction (if appealing conviction) or 21 days from the date of sentence (if appealing sentence).
You may want to appeal your conviction because you feel the Magistrates got it wrong, evidence was heard that you believe should not have been, or that evidence was excluded from the trial that should have been heard. It could be a variety of reasons that lead you to wanting to appeal your conviction,
and your legal team would discuss those in detail with you prior to starting the appeal process.
Completing the appeal paperwork would be done by your legal time and we would then continue to liaise with the courts to have the re-hearing of your case listed. Whilst the courts are preparing to list your case we would be working with you during this time to prepare for your re-trial.
When an appeal against conviction from the Magistrates takes place at the Crown Court then the case will be heard afresh by a judge and two lay magistrates who did not have any involvement in your magistrates court trial. New evidence can be admitted during the hearing by either party; yourself and/or the prosecution. Applications can also be made to exclude evidence where necessary.
If you are applying to appeal your sentence, then a Crown Court Judge will consider the sentence made by the Magistrates to determine if it was correct.
Can the Crown Court Increase a Sentence If I Appeal?
The Crown Court Judge hearing an appeal against sentence from the Magistrates Court does have the power to increase the sentence but only to that of the maximum sentence the Magistrates Court have imposed. For example; if the Magistrates Court sentencing powers were limited to 12 months, then the Crown Court could not impose a new sentence in excess of 12 months.
Appealing a Crown Court Decision
If you wish to appeal against a Crown Court conviction or sentence then you have 28 days in which to do this from either the date of conviction, or the date of sentence. It is always our advice to lodge an appeal as soon as possible to avoid having to appeal out of time.
If you do not apply to appeal straight away, or within the 28 day window, then you can appeal later but you will be required to apply for permission to appeal out of time. This will mean that your lawyers completing the application to appeal will have to explain why it is late, with good justification this is rarely a problem.
Grounds to Appeal
Unlike an application to appeal a Magistrates Court decision, you will have to establish grounds to appeal when you are appealing a Crown Court decision, there is no automatic right. Grounds of appeal can include:
- Wrongful admission or exclusion of evidence;
- Failure to properly exercise judicial discretion;
- Conduct of the trial judge;
- Errors in the trial judge's summing up;
- Problems associated with jurors.
Grounds are established by close consideration of the evidence, transcriptions of the original trial and, what you say you feel went wrong during the trial to amount to a right to appeal. All of this information will be gathered initially and reviewed by our lawyers, and in some cases a specialist barrister. We will then provide you with a written advice on appeal which clearly sets out the grounds established with reference to any applicable law.
The Appeal Application Process
Once the application is prepared, we have a written advice on appeal and any supporting documents, then this is lodged with the Registrar of Criminal Appeals. The application will go through an administrative process before it is put before a single judge. The single judge will consider the application and where they agree that there are potential appeal grounds the appeal application will be listed to go before the full Court of Appeal, it is at this hearing the court will hear legal arguments from your defence team, and also the prosecution. The court will then rule on the outcome of the application to appeal. The following outcomes are possible when appealing conviction:
- quash the conviction and, in effect, order an acquittal;
- quash the conviction and order a re-trial;
- or dismiss the appeal
Grounds to Appeal Sentence
To appeal your sentence given by the Crown Court, again, grounds must firstly be established before the application to appeal is made. Potential grounds when appealing sentence include:
- that the judge erred on a matter of principle;
- that the sentence is manifestly excessive; or
- that the sentence was wrong in law.
How we establish grounds is by obtaining a transcript of the sentencing hearing, considering the evidence and the sentence.
The process to appeal sentence to the Court of Appeal is the same as above in that an administrative process will take place first, the application will be considered by a single judge, and then the matter will go before the full Court of Appeal where merit in the appeal application is found.
How Eventum Legal Can Help You
Our team have been successful over many years in appealing convictions and sentences made in both the Magistrates Court and the Crown Court. We work with some of the country's leading barrister when preparing for appeals and apply a no stone unturned approach when considering our clients case for appeal.
If you would like to discuss making an application to appeal, or discuss potential grounds with our lawyers then we would be happy to arrange a free initial consultation with you.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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