Tuesday, April 21, 2020

Starting the Process of an Appeal

There is no denying that appealing a criminal conviction can indeed be a very stressful time for all that are involved. There is, of course, a lot riding on the appeal case. Below we have provided some details on starting the claim process, in order to give you further insight…

When do you need to start your appeal against conviction? 
There is a time limit of 28 days on all conviction appeals. This period begins from the date of conviction, irrespective of whether you were sentenced at a later hearing or not. Nonetheless, there are plenty of instances whereby an extension of time is offered. Experienced lawyers can advise on this. All you need to do is state your reasoning for not appealing within the 28-day time frame. Common reasons include the fact that the individual did not know what to do in regards to appealing a conviction or that they were waiting for the written advice from their barrister. You will find that being a little bit late with your conviction appeal does not tend to make a big difference, so long as you have good grounds for appealing – that is the most important part.

Written documents
By law, you are entitled to a written document from the barrister that represented you at the case stating their views about the trial and legal aid regarding how to proceed. Nonetheless, in most instances, people do not want to use the barrister that represented them originally for their criminal conviction appeal. A lot of people lose faith, since the case was lost the first time around. This is where it pays to look for lawyers that have an unrivalled level of experience and knowledge of criminal law. After all, the second time there has arguably even more riding on the case and you want the best of the best fighting your corner! You may also suffer at the hands of a ‘loss of time order’ if you lose your appeal. This is where the Court of Appeal rules that the time served in custody whilst you wait for application for leave to appeal will not count towards your sentence.

There are then various forms that need to be filled in for the process of appeal to begin. For instance, the W form if you want to request to call witnesses or the B form if you wish to apply for bail. Your team of lawyers should ensure that all forms are filled out correctly and sent to the Crown Court. The last thing you want is for your appeal to be haltered because of inaccuracies with the documents provided. Look for a legal team that has extensive experience in this. Once the Crown Court receives the forms for your appeal against conviction they will then check all of the details, such as the offences you were convicted of, the sentence that has passed, the name of the judge who worked on the trial and the dates of the trial. Once they have confirmed that everything is accurate, they will then pass on the documents to the Criminal Appeal Office’s Registrar.

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