The Court of Appeal is the second most senior court in England and Wales. The rules and timescales for lodging appeals are strict. A specialist appeals solicitor like Stryders’ can help you through the complex legal maze.
All about the Court of Appeal
The Court of Appeal is based at the Royal Courts of Justice in London. It has two parts – a civil division and a criminal division.
The criminal division hears appeals from crown courts around the country. It hears appeals against a conviction, a sentence or a confiscation order made by a crown court. Sometimes it is not the defendant who makes an appeal, but another party in the case who thinks a sentence has been too lenient.
Appeals cases are heard by three Lords Justices of Appeal or High Court Judges.
Appealing a crown court decision
If you are considering making an appeal against a crown court decision you will need legal advice as the rules and time limits are very strict. You must lodge your appeal within 28 days and there is no guarantee that the Court of Appeal will hear it if they don’t believe you have good grounds.
There is a two-stage process where a single judge decides on the papers whether to grant leave to appeal. If this is granted, then the case goes on to the second stage where the full Court of Appeal will decide whether to uphold the original decision, quash a conviction if it is unsafe, order a retrial, or reduce or increase the sentence.
As your defence solicitor, Stryders will advise you as soon as your crown court case finishes. It is very different to appealing against a magistrates’ court decision. To appeal against a conviction, you must believe the judge made an error in law or in the way he or she instructed the jury. Alternatively, there may be some new evidence not available at the original trial.
To appeal against a sentence, you must believe that it is excessive and there is always the risk that the Court may increase rather than reduce your sentence if it disagrees. If you carry on with the process even after the single judge refuses leave to appeal, the Court can order the sentence already served to start over if they think the appeal was without merit. We will help you carefully weigh the possibility of success and likely costs.
Appeals by prosecutors
In rare cases, the prosecution service may appeal a sentence or conviction made by a crown court. There are risks in this for the prosecution. You will definitely need legal advice in this case.
How a Stryders Law solicitor will support your appeal
If we are not already your defence solicitor, contact us as soon as possible after your case, so that we can assess your case and begin the necessary application paperwork and applications for legal aid, if available.