A Right to Justice

legal advice and representation for prisoners

Appeals

If after trial you are sentenced to go to prison then in most cases if you pleaded 'not guilty' you will have the right to appeal. The appeal process can be complicated especially so if your conviction was at a Crown Court. Our expert team will do all the work for you from initial filing for appeal and form filling right through to the appeal hearing and appeal decision.

There are two type of appeal process depending on whether you were sentenced in a Crown Court or Magistrates Court. We can help you with both. Detail of the process are listed below:

Magistrates Court Appeals

If you pleaded not guilty you can appeal against your conviction and/or sentence. If you pleaded guilty you can normally only appeal your sentence.

You should appeal within 21 days of the date you were sentenced. Your appeal will be heard by the Crown Court.

Appeal application form

We will obtain and complete your appeal application form and submit it to the orgiginal court of the trial within 21 days.

The court hearing

A few weeks before the hearing you'll get a letter telling you where and when it is. This is normally your nearest Crown Court.

Appeal hearings usually last between 1 and 3 days.

The appeal decision

If you win your appeal against your conviction your sentence will no longer apply.

If you win your appeal against your sentence it will be reduced.

You may get any legal costs paid back (eg our fee) and you may be able to get compensation.

We will obtain a compensation form and complete this for you and submit to the relevant administration offices to ensure you get the most compensation as quickly as possible

If you lose your appeal, your original conviction will stay the same, but you may be able to appeal again. We can advise about making another appeal.

Crown Court Appeals

If you pleaded guilty at your trial, you can normally only appeal against your sentence.

If you pleaded not guilty at your trial, you can appeal against your conviction and/or your sentence.

You can normally only appeal if:

  • something went 'wrong' at the trial - eg if an important court procedure was not followed properly
  • there's new evidence - like a witness who wasn't at the original trial (this is for appeals against a conviction only)

The appeal process

You need permission to appeal from the Criminal Appeal Office which we will apply for on your behalf.

We will obtain and complete complete Form NG (Notice and Grounds) and then submit it to the crown court.

When you must appeal

For a conviction, you must appeal within 28 days of the date of your conviction - even if you were sentenced at a later date.

If you only want to appeal against your sentence, the 28-day period starts from the date you were sentenced.

If you get permission to appeal

If permission is granted, your case will be reviewed by the Court of Appeal.

A few weeks before the hearing you'll get a letter telling you where and when it is.

If you don't get permission to appeal

You will get a letter telling you that you can't appeal.

You have the right to 'renew' your application and ask a 'full court' of 3 judges to give you permission. We will make the necessary arrangements for you to do this.

If you're not given permission to appeal by the full court, we will then contact the Criminal Cases Review Commission to further try and grant your appeal.

The appeal decision

If you win your appeal against your conviction your sentence will no longer apply.

If you win your appeal against your sentence it will be reduced.

You may get any legal costs paid back (eg our fee) and you may be able to get compensation.

We will obtain a compensation form and complete this for you and submit to the relevant administration offices to ensure you get the most compensation as quickly as possible

If you lose your appeal, your original conviction will stay the same, but you may be able to appeal again. We will guide you through this process.

For Appeals legal advice Contact Us Here

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