In the UK’s criminal courts, a conviction or sentencing doesn’t have to be the final conclusion. A defendant has the option to appeal the conviction if they are able to argue that it was unsafe or appeal the sentence if it was too harsh.
If your case was originally heard in the Magistrates Court, you could appeal to the Crown Court, and if unsuccessful, take it to the Court of Appeal. You must appeal within 21 days of your Magistrates Court trial. If you pleaded not guilty at trial and were convicted, you can appeal against both your conviction and sentence. If you pleaded guilty then you only are able to appeal your sentence. The appeal will be heard before a Judge and two magistrates in the Crown Court. If appealing a conviction then the same evidence from the original trial will be heard, but if you have new evidence this could also be used to support your case.
If your case was originally heard in the Crown Court, you can appeal to the Court of Appeal. You have 28 days to appeal the decision. If you pleaded not guilty at trial and were convicted, you can appeal both the conviction and sentence if you can show that something went ‘wrong’ at trial. If appealing a conviction, you will normally need to introduce new evidence that was not available at your original trial. If you are appealing a sentence given, you will need to demonstrate that the sentence was either wrong in principal or excessive in length.
We have a specialist criminal team who can provide you with a second opinion, advise and represent you if you wish to appeal your conviction, sentence or both.
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