Unfortunately, human error and miscarriages of justice can occur, and when this does happen it can leave defendants distraught and feeling powerless. Fortunately, there are steps that can be taken if you believe that you have a right to appeal. However, before you can have your appeal heard you must be granted the right to appeal, and this does require that you apply for leave or permission to appeal. If this leave is granted, your case may be heard by the Court of Appeal. Judicial reviews and appeals by way of case stated are specific forms of appeal, and slightly different rules and regulations do apply.
Court Of Appeal
If you are granted leave to appeal the court’s decision, you may be able to apply to the Court of Appeal in a bid to have a verdict overturned or a sentence lessened. You will typically have 28 days for your leave to appeal to be lodged, although there are some kinds of appeal that have different time statutes applied. There are only certain grounds for appeal that will be considered.
A judicial review means that you ask the Administrative Court to consider a particular piece of legislation or a decision by a governing body that directly affects you. This is a form of appeal that may lead to a verdict being quashed or overturned, and it can also lead to a change in government agency policies and the way that certain cases are handled.
Appeal By Way Of Case Stated
If a court makes a decision based on an incorrect application of the law, or they are mistaken with regards to a law that they rely on, then it is possible to appeal by way of case stated. These cases are rare, and a defendant that does appeal by way of case stated will not be able to appeal the verdict of their case. These types of appeal can overlap with judicial reviews.
Our criminal barristers can help apply for a leave to appeal in a bid to ensure that you have the best chance of a successful application. Contact us today to discuss your case and the possibility of being able to appeal a decision made by the courts.