Appeals

At the conclusion of a case in the Magistrates Court or the Crown Court, you will be provided with advice regarding the possibility of an appeal against conviction and/or sentence. You will receive appropriate advice as to the prospect of any appeal. Where appropriate, legal aid will be applied for on your behalf to fund any appeal. You would normally be represented at any appeal hearing by a Barrister instructed to represent you or by a Solicitor Advocate from Foster Wells.

Appeal from the Magistrates Court

The appeal is heard in the Crown Court by a Judge and two Magistrates. There is no jury. You are entitled to appeal as of right against the conviction, the sentence or both. The matter is heard afresh and legal aid can be applied for.

Appeal from Crown Court

The appeal is heard by the Court of Appeal. It initially goes to a 'Single Judge' who will assess whether it has merit. If the Single Judge refuses leave that does not block the appeal, which can still proceed to the full Court. However if our appellant is unsuccessful before the full court there can be consequences in costs. In addition, if serving a prison sentence, the appellant can be made to forfeit some of the time he has already served. Foster Wells can advise you on this more fully if necessary

The important point to note is that unlike from the lower courts, appeal to the Court of Appeal is not a right. An appellant must establish grounds of appeal and the test is whether the conviction is "unsafe". Normally that will only be established by showing some fundamental defect in the trial process or some new evidence. As you will be aware from cases in the news, the Court of Appeal is famously conservative and takes a great deal of convincing.

To appeal a sentence it has to be shown that the sentence imposed was "manifestly excessive". That means a sentence which is so unfair that no court in the circumstances, could have come to that decision. It does not mean that it is simply a stiff sentence! Foster Wells are happy to advise you on these matters.