Appeal Conviction
Appealing a conviction when you have been found guilty after a trial can be a confusing and frustrating process. Whether you have been convicted in the Magistrates Court or the Crown Court, there are always tight timescales to adhere to and complicated paperwork to complete. Even the decision as to whether or to pursue an appeal or not can seem overwhelming, as the consequences of an unsuccessful appeal can be costly. Our experienced team of lawyers can help you. We will carefully consider all aspects of your case and provide you with the balanced and practical advice you need to help you decide whether you wish to appeal. Should you choose to pursue an appeal against your conviction, we will meticulously prepare your case and ensure the best possible representation at Court to maximise your chances of success; guiding you through the process throughout. If you are considering an appeal of any kind, be it from the Magistrates Court or Crown Court, it is vital that you contact us quickly, whether or not we acted for you in the first instance. There is no right to appeal out of time but we may be able to help with drafting reasons, where the deadline has passed. We can deal with all the formalities and ensure that your case is properly considered, prepared and presented to the Court. Or we can simply offer a valuable ‘second opinion’. What you can be sure of is realistic, legally sound advice that will not leave you exposed to any further, avoidable risk. We act on a privately paying basis only. We will always discuss with you what the case is likely to cost before you pay and will always aim to keep your costs as low as possible, ensuring you get value for money.
Appeal Conviction
Appealing a conviction when you have been found guilty after a trial can be a confusing and frustrating process. Whether you have been convicted in the Magistrates Court or the Crown Court, there are always tight timescales to adhere to and complicated paperwork to complete.
Even the decision as to whether or to pursue an appeal or not can seem overwhelming, as the consequences of an unsuccessful appeal can be costly.
Our experienced team of lawyers can help you. We will carefully consider all aspects of your case and provide you with the balanced and practical advice you need to help you decide whether you wish to appeal. Should you choose to pursue an appeal against your conviction, we will meticulously prepare your case and ensure the best possible representation at Court to maximise your chances of success; guiding you through the process throughout.
If you are considering an appeal of any kind, be it from the Magistrates Court or Crown Court, it is vital that you contact us quickly, whether or not we acted for you in the first instance. There is no right to appeal out of time but we may be able to help with drafting reasons, where the deadline has passed. We can deal with all the formalities and ensure that your case is properly considered, prepared and presented to the Court. Or we can simply offer a valuable ‘second opinion’. What you can be sure of is realistic, legally sound advice that will not leave you exposed to any further, avoidable risk.
We act on a privately paying basis only. We will always discuss with you what the case is likely to cost before you pay and will always aim to keep your costs as low as possible, ensuring you get value for money.
Appeal Sentence
Whether you plead guilty, or find yourself convicted after a trial or a Newton Hearing, it’s important to know that the Court has sentenced you correctly and proportionately. It could be your liberty which is at stake, your driving licence, or the chance to engage in rehabilitation with the Probation Service or Youth Offending Team within the community. You may have received an ‘ancillary order’ such as a Criminal Behaviour Order, Restraining Order, Sexual Harm Prevention Order or similar. We can advise you as to whether the terms of this are fair or whether they could be varied.
Sentencing can be tricky, and in addition to the Sentencing Guidelines that the Court often has to follow for the relevant offence, a number of other factors need to be taken into account in order to determine the appropriate sentence. It is unsurprising therefore, that occasionally the Court might make a mistake in deciding your sentence.
Our lawyers will always advise you at the end of your case as to whether there is any basis for appealing your sentence. If you decide to appeal a sentence, there are strict deadlines involved and it’s important that you get in touch with us quickly. Our specialist team will ensure that we have all the relevant information and evidence to put before the Court, as well as case law which may support your argument. With the best possible representation at any appeal hearing, you can rest assured that your chances of success are maximised.
Appeal a magistrates’ court decision
Overview
If you’re unhappy with a decision made by a magistrates’ court, you can challenge it or ask for it to be reviewed.
You can instruct us to challenge a magistrates’ court decision.
This my include the following:
Get your fine reviewed
You might be able to ask for your fine or the payment terms to be reviewed if any of the following apply:
•you cannot afford the regular payments
•you cannot pay within the timeframe you’ve been given
•you earn less than £440 a week and the court did not know this when it gave you the fine
Ask the court to reopen your case
You can ask the court to reopen the case for the following reasons:
1.If you think someone else committed the crime. For example, your name could have been given in relation to a traffic offence that you did not commit.
2.If you did not know about it, so you were not able to plead either guilty or not guilty. You’ll need to make a legal statement known as a ‘statutory declaration’ to reopen your case. You usually need to do this within 21 days of finding out about the proceedings.
3.If the court did not have all the information and you did not have the opportunity to write or speak to the court about your case or the court did not receive documents to support your case.
Appeal to the Crown Court
If you were able to plead guilty or not guilty, but you still disagree with the decision that was made, you can appeal to the crown court.
You might do this if you think the decision was unfair or the judges failed to consider your circumstances or all the evidence available.
If you pleaded guilty, you can only appeal against your sentence.
How to appeal
You can instruct us to download and fill in the appeal to the crown court form.
When to appeal
You usually need to appeal within 15 working days of the date you were sentenced.
If you appeal after 15 working days, you need to explain why your appeal is late in the form and provide evidence. The Crown Court may not consider your late appeal.
The court hearing
The Crown Court will make a decision on your appeal at a hearing. It may hold a preliminary hearing first, to decide how the evidence should be given.
You’ll get a letter to let you know when and where the hearing, or preliminary hearing, will take place.
What happens at the hearing
You’ll have the chance to present your case to the judge and magistrates. Representatives from the prosecution will present the case against you.
The judge might also ask you questions during the hearing.
You’ll be told whether you’ve won your appeal at the hearing. You’ll also be sent a copy of the judge’s decision by post.
Stopping your appeal
You can apply to stop your appeal before the hearing. Your appeal cannot be restarted once it’s been stopped.
A notice of abandonment of appeal has to be sent to the magistrates’ court where you sent your appeal and the Crown Court where your hearing will take place.
You must also send a copy to any other parties involved in the case, for example a prosecutor.
If you win your appeal
If you win your appeal against your conviction, your sentence will no longer apply. You might be able to receive compensation.
If you win your appeal against your sentence, it will be reduced.
The court might decide you can get some of your legal costs paid back, for example your solicitor’s fee.
If you lose your appeal
Your original sentence or conviction might change.
Appeal a Crown Court decision
You can appeal against your Crown Court conviction, sentence or both. It does not matter if you pleaded guilty or not guilty.
Before you can appeal a conviction or sentence, you must apply for permission to appeal to the Court of Appeal Criminal Division.
This court hears appeals from proceedings in the Crown Court.
They hear appeals against:
•convictions in the Crown Court
•sentences given by the Crown Court (even if the conviction was in a magistrates’ court)
•confiscation orders imposed by the Crown Court
For all these cases they also handle applications for permission (‘leave’) to appeal.
They also hear other types of appeal from proceedings in the Crown Court, including cases referred to us by the Attorney General where there is concern that the sentence given by the Crown Court may have been too lenient.
They also hear appeals from decisions made by ‘service courts’ (military courts) and are known as the ‘Court Martial Appeal Court’ when they do.
Who they are
They are, together with the Civil Division, one of 2 divisions of the Court of Appeal of England and Wales. The Court of Appeal is the second most senior court in England and Wales.
They are based at the Royal Courts of Justice in London. Cases are heard by Lords Justices of Appeal or, in some cases, High Court judges.
You can instruct us to review all the original evidence in your case, take fresh instructions and provide a fresh advice to decide if your application is likely to be successful or not.
Ask for permission to appeal:
You can instruct us to appeal your conviction, your sentence or both.
Reasons for appeal
* The Judge’s decisions at trial were wrong.
This might relate to rulings the Judge made to allow certain evidence to be heard by the jury (or not to be heard).
There were problems with the Judge’s summing up of the case.
This might relate to something unfair or incorrect that the Judge said to the jury.
There were issues with the jury in your case.
This might be because of something you have found out after your trial.
There were issues with disclosure.
You have good reasons to think there was important information that was not given to the defence.
Your lawyers did not represent you properly.
You must be able to show that what they did was so wrong (incompetent), that it might have changed the outcome in your case. See the section on complaints and waiver of privilege on page 11.
There is important new evidence.
This might be from a witness who was not known about at the time of trial or new expert/scientific evidence.
Timeframes for appeal
You must apply within 28 days of either:
•the date you were convicted (even if you were sentenced at a later date) if you’re appealing against your conviction
•the date you were sentenced if you’re appealing against your sentence
If you apply later you’ll need to explain why you could not send your application in on time. You may get an extension.
Process
A judge will look at your application and decide whether to give you permission.
If you get permission to appeal
Your appeal will be heard by the Court of Appeal Criminal Division.
You’ll get a letter before the hearing to let you know when and where it’ll take place.
You can instruct us to present your case to the judges.
If you’re appealing a conviction, representatives from the prosecution will present the case against you. This will not always happen if you appeal against a sentence.
If you do not get permission to appeal
You have the right to ask for permission to appeal a second time (known as ‘renewing your application’).
A ‘full court’ of 2 or 3 judges will review your renewed application.
If your application is refused again, you may need to pay costs and you may be given a ‘loss of time order’. This means you will spend longer in custody and the time will be added to your sentence.
If you win your appeal
Your conviction may be overturned or your sentence may be reduced (or both).
If you lose your appeal
Your original sentence or conviction will not change. You cannot appeal again.
Stopping your appeal
You can apply to stop your appeal at any time.
The completed form will need to be sent to the Criminal Appeal Office.
Customer Service Officer
Criminal Appeal Office
Royal Courts of Justice
Strand
London
WC2A 2LL
You cannot usually restart your appeal once it’s been stopped.
Appeal Conviction
Appealing a conviction when you have been found guilty after a trial can be a confusing and frustrating process. Whether you have been convicted in the Magistrates Court or the Crown Court, there are always tight timescales to adhere to and complicated paperwork to complete. Even the decision as to whether or to pursue an appeal or not can seem overwhelming, as the consequences of an unsuccessful appeal can be costly.
Our experienced team of lawyers can help you. We will carefully consider all aspects of your case and provide you with the balanced and practical advice you need to help you decide whether you wish to appeal. Should you choose to pursue an appeal against your conviction, we will meticulously prepare your case and ensure the best possible representation at Court to maximise your chances of success; guiding you through the process throughout.
If you are considering an appeal of any kind, be it from the Magistrates Court or from the Crown Court, it is vital that you contact us quickly, whether or not we acted for you in the first instance. There is no right to appeal out of time but we may be able to help with drafting reasons, where the deadline has passed. We can deal with all the formalities and ensure that your case is properly considered, prepared and presented to the Court. Or we can simply offer a valuable ‘second opinion’. What you can be sure of is realistic, legally sound advice that will not leave you exposed to any further, avoidable risk.
We act on a privately paying basis only. We will always discuss with you what the case is likely to cost before you pay and will always aim to keep your costs as low as possible, ensuring you get value for money.
Appeal Sentence
Whether you plead guilty, or find yourself convicted after a trial or a Newton Hearing, it’s important to know that the Court has sentenced you correctly and proportionately. It could be your liberty which is at stake, your driving licence, or the chance to engage in rehabilitation with the Probation Service or Youth Offending Team within the community. You may have received an ‘ancillary order’ such as a Criminal Behaviour Order, Restraining Order, Sexual Harm Prevention Order or similar. We can advise you as to whether the terms of this are fair or whether they could be varied.
Sentencing can be tricky, and in addition to the Sentencing Guidelines that the Court often has to follow for the relevant offence, a number of other factors need to be taken into account in order to determine the appropriate sentence. It is unsurprising therefore, that occasionally the Court might make a mistake in deciding your sentence.
At Reeds Solicitors, our lawyers will always advise you at the end of your case as to whether there is any basis for appealing your sentence. If you decide to appeal a sentence, there are strict deadlines involved and it’s important that you get in touch with us quickly. Our specialist team will ensure that we have all the relevant information and evidence to put before the Court, as well as case law which may support your argument. With the best possible representation at any appeal hearing, you can rest assured that your chances of success are maximised.
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