Appeals

At the conclusion of every case, we discusses the possibility of an appeal with our clients.  Appeals can be made from all courts and for a wealth of different reasons.  They are often the last chance to “get things right” and have an important function of review in the Criminal Justice System.

There is an automatic right of appeal against either conviction or sentence from the Youth or Magistrates’ Court to the Crown Court. These are complete re-hearings in front of a Crown Court Judge who sits with two lay Magistrates’.  If there is a point of law from the Magistrates’ or Youth Court you wish to dispute, permission needs to be granted to appeal the case to the High Court either by case stating it or judicially reviewing it.

Appeal from the Crown Court against conviction or sentence is to the Court of Appeal (criminal division) and is not an automatic right.  To appeal a sentence, the sentence imposed must be manifestly excessive or wrong in principle.  To appeal a conviction in the Crown Court, the 'safety of the conviction’ must be called into question.  This may be on the basis of a point of law, or perhaps new evidence has come to light.  Again leave to appeal must be sought from the court of appeal before an appeal can be heard. 

We have a wealth of experienced barristers who are able to advise you on appeal, draft grounds of appeal to be lodged with the court, and conduct any appeal hearings.  They will advise you on the potential risks and benefits of any appeal and use their experience to help you decide whether to proceed.  Should you have any queries on appeal please do not hesitate to contact a member of the team. 

Most appeals arising out of criminal convictions / sentences have the benefit of Legal Aid.  Again, if you have not been represented by us at the substantive hearing but wish to transfer to us for an appeal, you can speak in confidence to a member of the team about the practicalities of a transfer of your legal aid order. 

If you do not have the benefit of legal aid we have experience of conducting private appeals at competitive rates, speak to a member of the team for a quote.

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