Appeals Against Sentence – How does it work?
Appeals can be made against sentence to the Court of Appeal from the Crown Court. Circumstances will obviously differ in each case, but it is often straight forward for our solicitors to outline the process for you, depending on whether the appeal relates to a guilty plea or conviction after trial. After sentence, there is usually advice on appeal which can be verbal or requested in writing if preferred. In more complex cases your Court advocate would provide a written advice with regards the prospect of appeal. If that advice is negative, then our solicitors would be able to discuss this with you any other options you may have.
Appeals are taken into account by one judge, where it is then decided whether the case has a merit or not. Overall, there are 13 set grounds in terms of appeals, which are separated into 2 sections:
- Wrong in principle
- Manifestly excessive
Even if you have been advised not to appeal, you are entitled to make your own decision as to whether you want to pursue an appeal. However make sure you discuss this with an expert as soon as possible to avoid future complications. Appeals are often heard within 6 months, however this can depend on the length and type case and the Court. For example, if someone has received a short sentence, their appeal could be heard within a few days. The Court of Appeal is where the majority of appeals are held. If you happen to be in custody, you will be present via video, or if you are on bail you will be able to attend in person. The end result of an appeal is released at the end of the hearing, depending on the case and whether it is being further investigated.
Tuckers Solicitors are happy to advise you, even if we did not represent you in your case. If you would like to get professional advice on appeals, please contact Robert Normile at firstname.lastname@example.org or on 020 7388 8333.