APPEALS
Leading appeals solicitors with decades of experience
Some of those who have appeared in the criminal justice courts and been convicted and/or sentenced can be left with a burning sense of injustice. You may wish to appeal against your finding of guilt, or the sentence the Court imposed. The path to appeal depends on where your case was first heard. In either instance Walker Law Ltd can offer you a consultation and provide our expert opinion. We will review the case papers and any documents produced during the proceedings. We will advise you on your chances of success at appeal and any pitfalls that may lie ahead.
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Magistrates Court Conviction or Sentence
The right of appeal to the Crown Court from the Magistrates’ Court is absolute. If you wish to appeal then you can do so, there is no test to be satisfied. If you do appeal your case will be reconsidered by a Crown Court Judge and two Magistrates. It is important to seek expert advice before you lodge an appeal as whilst you have the right to appeal there can be cost implications if your appeal is then unsuccessful. You must act quickly as you are expected to lodge your appeal within 21 days of your sentence (we can advise you if there are grounds to lodge an appeal outside of these timeframes).
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Crown Court
If the decision you wish to appeal was reached in the Crown Court then you must appeal to the Court of Appeal. Unlike appealing decisions from the Magistrates’ Court there is no automatic right to appeal. Firstly you will need to seek leave to appeal from a Single Judge of the Court of Appeal. This Judge will either refuse the leave to appeal, or grant the leave to appeal. If the leave to appeal is successful the case will then proceed to a full hearing.
There are two different tests depending on whether you are appealing your sentence or your conviction:
- Sentence – you must demonstrate that the sentence was manifestly excessive
- Conviction – you must demonstrate that the conviction was unsafe
The complexity of appeals means that it is always best practice to seek proper legal advice before proceeding. People can feel aggrieved in the aftermath of a court case and emotions often run high after a conviction or sentence which they feel was unjust. Our solicitors and barristers will listen to your concerns and then examine the case objectively before advising you on the best course of action.
Our phone lines are answered 24 hours a day, 7 days a week. If your query is less urgent you can complete the online enquiry form or email us. We will always respond swiftly.