Our criminal justice system is not perfect and our courts do not always get it right. There are countless cases of miscarriages of justice involving defendants who have been wrongly convicted or who have been given a sentence which is too harsh.
However, the process of appealing a conviction or sentence can be frustrating and stressful. It is also very likely to be lengthy.
Generally, appeals against conviction or sentence have to be lodged within 28 days of the date of conviction or sentence in the Crown Court. The time limit is 21 days in the Magistrates’ Court. Although this time limit can be extended, there is no automatic right to appeal out of this time. The appellant (the person making the appeal), will need to explain the reasons for any delay and why the original decision was wrong or unfair. A good example would be a case where important evidence has come to light which was not previously available.
Appeal cases are often challenging and time-consuming. Demonstrating that a client has a good reason to appeal will often require painstaking analysis of the case papers to understand what took place at the trial (or sentencing hearing) and meticulous preparation of the appeal case. They also require an in-depth understanding of the law and legal practice and procedure. In some cases, it will be necessary to obtain expert evidence, particularly if this was not obtained in the original case or if the defence expert’s report was flawed.