Being convicted of a crime that you did not commit is devastating, and not only for you but for your family too. Having that conviction overturned can be extremely difficult, but errors do happen during the criminal trial process. The Court Of Appeal is the second highest court in the country, and it is necessary to have permission or leave to appeal in order for the court to hear your case. The Court hears both civil and criminal cases.
Application For Permission To Appeal Against Conviction
You will need to receive permission to appeal before your case can be heard. An application for permission can be made through the lower courts, although it is also possible to apply to the Court Of Appeal directly. In order for an application for leave to appealto be granted, the court must decide that the grounds for appeal are arguable or that there is new evidence that was not available at the time of the trial which may have altered the verdict in the original case. Our criminal barristers can help to formulate your application to appeal and submit the application.
Appealing A Sentence
An appeal against a sentence may be made, which means that the defendant is not appealing against the guilty plea or verdict, but against the length and severity of the sentence that they received. This type of appeal is only taken in instances where there is reason to belive that the Court will find that the sentence was manifestly excessive or unlawful in some other way.
There are statutes that determine how long you have to make an application to appeal. If you are appealing against a conviction, you have 28 days from the date of your conviction to submit your application. If you are appealing against the sentence that you received, then the 28 days starts from the date that you were sentenced. Once this time passes, you will not be able to lodge an application to appeal.
If your appeal is unsuccessful, you will not be allowed to appeal again except in a very few instances. This means that it is imperative that you have the best legal team possible, to help ensure the greatest chance of a successful application and subsequent appeal. Barristers at 23 Essex Street can help ensure that your application and appeal has the best chance of success, so call today to discuss your case details.