Appeal Lawyers

Updated on Monday 14th September 2020

Rate this article
based on 1 reviews


Appeal Lawyers Image
Persons who are involved in a trial in which they are sentenced for a certain offence should know that the British legislation allows them to appeal the decision of the court. Individuals who have received a conviction can no longer appeal if they have pleaded guilty; appeals are available for sentences established by the British courts. A conviction refers to the fact that the court has decided a person is guilty of a certain offence, while the sentence refers to the legal actions which will be taken against the person charged with an offence. Our appeal lawyers can provide you with legal representation if you are involved in such a case. 
 

Appeals in the United Kingdom 


According to the local legislation applicable in the United Kingdom (UK), any person who is charged with a certain crime can appeal the decision of the court. The British legislation allows individuals to appeal both the conviction and the sentence, but the conviction can be appealed only if the person pleaded not guilty. The appeal can be done within 21 days since the day when the sentence has been issued and it is held at the Court of Appeal. Our appeal lawyers in London can offer you more details on the procedure established for appeals in the UK
 


The grounds to appeal explained by our criminal defence solicitors in London


There are certain conditions in which a person can appeal a sentence received in a British court. You can make an appeal on the following grounds: 
  • the decision of the court is not applicable under the current legislation;
  • the sentence received is not correct, in the sense that the judges have not taken into account all the facts of the case;
  • the judge has taken into consideration facts which were not relevant to the case;
  • the judges have misunderstood several facts presented during the trial;
  • procedural errors have been detected after the trial and the verdict;
  • the person is mentally disordered or he/she is a juvenile.

The above-mentioned grounds are available as a general rule, but the grounds on which a person can appeal a decision taken by the court can have wider forms, so we recommend you to contact our appeal lawyers in London for more details.
 

How to make an appeal in the UK


Individuals who are condemned for a criminal offence in the UK have the right to appeal the sentence, with the suitable help and guidance from our appeal lawyers. One should know that there are important steps to consider when making an appeal, which is why we recommend you consider the following aspects:
 
  • with a vast experience in appeals, our attorneys can handle your case and can provide you with complete information;
  • if you decide to appeal the sentence, you must fill in the application where you need to sustain your case and beliefs;
  • the application needs to be sent to the Magistrates’ court or at the Crown Court, depending on where the trial took place;
  • while waiting for the appeal decision made by the magistrates, you can be released on bail, if you meet all the requirements.

Having a strong legal representation, with a suitable approach in front of the authorities in charge will help any individual receive the best possible result related to his/her appeal to a sentence.
 
If you want to know more details about how to appeal a sentence in the UK, we invite you to watch the video below presented by our appeal lawyers:

Main rules, presented by our appeal lawyers 


An individual convicted by the Magistrates Court in the UK has the right to appeal against the verdict in no more than 21 days, in a written notification, according to the Criminal Procedure Rules, part 63. The appeal lawyer in London reminds that persons can appeal the conviction and the sentence also. Take into consideration that a conviction cannot be appealed if you did not pleaded guilty. It is good to know that any problem in the notification appeal should be presented to the attention of the appeal tribunal before the petition is expected.

The Magistrates Court has no power to modify an order or charge upon which a complainant has been condemned, but has the power to correct any mistakes in the verdict including the decision which is the theme of appeal. The appeal lawyers will provide you with all the information needed that refers to the appeals to sentences in the UK.
 

When can you appeal a sentence in UK?


As soon as the sentence has been announced, the offender, with the help of an appeal lawyer, can appeal the verdict within 21 days. Also, persons who didn’t confront the trial in the Magistrates’ Court can appeal the sentence, but legal support in this situation is mandatory.
 

Where does the appeal hearing takes place in UK?


If you appealed a sentence in UK, you should know that the hearing for your case takes place at the Crown Court in the city you live in. In this court of law, individuals will find out details about the appeal.
 

What happens when a hearing takes place in UK?


When having a hearing in UK, your appeal lawyer will represent you in front of the authorities, when your case is presented by the prosecution. It is good to know that the judge can ask questions about your case and the same magistrate will take a decision about your appeal to sentence. Winning the appeal to sentence means that the offender is no longer subject to the initial verdict, and more than that, he or she can receive a part of the expenses of the trial.
 

What happens if the appeal was refused?

If the magistrates consider your appeal to sentence inappropriate, the next step is to solicit guidance in this matter from the criminal case review commission which will analyze your situation with our appeal lawyer. If a mistake has been made or breaches of regulations have been observed, your application can be sent back to the Court of Appeal in the UK. It is recommended to provide the court with new evidence and data, in order to review your case.


Types of appeals sent to an administrative court 


Besides hearing challenges to decisions, carrying out judicial reviews of decisions made by tribunals in the UK, an administrative court can deal with appeals related to extradition (where a person needs to be sent back to his/her home country to be judged or to serve a sentence), from the magistrates’ courts, if an error took place from a particular point of law, for instance. The court also issues the appeals against decisions made for a restraint order or made by particular entities in the country.
 

What you need to know about the administrative court 


The administrative court in the UK is part of the High Court of Justice, where at least two magistrates issue the appeals among many other important cases. The appeals by way of case stated from a criminal court in the UK will be heard and investigated in an administrative court. The appeals to the High Court of Justice in the United Kingdom can be complex and time-consuming, which is why we recommend you solicit the legal representation from our appeal lawyers.
 

What happens if you do not accept the administrative courts’ decision?


If you consider the decision of your appeal inappropriate you cannot appeal against a judicial review verdict, but it is allowed to appeal in habeas corpus situations in the UK. One should know that if your appeal turned into a positive result, the other side implied in the process can also make an appeal.


Details about the Court of Appeal 


The Court of Appeal in the UK also hears cases from the Supreme Court, Provincial Court and from administrative tribunals and boards. With more than 15 judges, the Court of Appeal in the UK is well respected and deals with cases of serious offences, where sentences are appealed. The Criminal and the Civil Division are part of the Court of Appeal in the UK which can deal with hearings both from the High Court and small tribunals in the UK. In the civil cases, the Court of Appeal in the UK does not recall the witnesses in a criminal offence but is in charge of reviewing the cases and the records of trials sustained by the judges of inferior courts.

As for the Criminal Division of the Court of Appeal in the UK, this is in charge of the rejected appeals from the Crown Court in the UK. Filing for an appeal at the Court of Appeal in the UK will imply the same evidence of a case and will not mean a more severe sentence than the previous one. Here, the Criminal Division will act as an advisory entity regarding particular points of law. We remind that our criminal defence solicitors in London are ready to offer you legal assistance if you want to make an appeal to the Court of Appeal in the UK.


The Crown Court role in the UK


The UK Crown Court deals with the appeals to sentences, abandonment of appeals, jurisdiction cases, the appeals after re-hearings and many other matters. An individual can appeal a sentence to the Crown Court, especially if he proves he did not plead guilty but was sentenced. It is good to know that the court will dispose three judges to deal with the appeal, who will decide if there are reasonable grounds for the appeal, in order to make a complete hearing of the case. Moreover, an appeal to the Crown Court in the UK is not re-hearing of the evidence which led to the conviction, but an evaluation of the sentence to see if a procedural mistake took place and if the law was respected in accordance. If you want to make an appeal to the Crown Court in the UK, it is strongly recommended to ask for proper help and legal representation from our appeal lawyers.
 

Appeals to sentence to the Crown Court in the UK – What you need to know


In appeal cases in the UK Crown Court, a magistrate can be influenced by the criminal background of the offender, if he/she pleaded guilty or not, and if he/she is involved in a pre-sentence statement with the Probation Service in the country. If the judges think that incorrect factors were considered when setting the sentence, they have the power to reduce the conviction. A positive appeal to the Crown Court in the UK can also depend on the facts and evidence offered to the magistrates at the first hearing when the sentences were issued. For instance, if the offender was presented with an untruthful criminal background in the court of law and then convicted, he/she can expect a positive response to the appeal.


Reasons to appeal to the Employment Appeal Tribunal 


The situations when an employee does not agree with the decision of dismissal or breach of work conditions are dealt with in the courts of law in the UK. If you consider an inappropriate decision has been made in your case, you have the right to appeal it to the Employment Appeal Tribunal in the country, giving complete information about your considerations. For instance, you can think the legislation was not properly applied in your employment case or evidence to support the decision in your case was not provided. Our appeal lawyers can analyze your case and evidence and can suitably represent you in front of the authorities when making an appeal. The Employment Appeal Tribunal needs to hear both sides and to verify if the appeal has suitable foundations. Persons interested in making an appeal to the Employment Appeal Tribunal in UK have a term of 42 days to do so, and the decision of the appeal will be received within 14 days.

Please keep in mind that our appeal lawyers are able to provide you with the necessary legal help if you want to make an appeal to the Employment Appeal Tribunal in UK and can offer a suitable approach in your case.
 

The hearing at the Employment Appeal Tribunal 


Once the appeal has been accepted by the Employment Appeal Tribunal, your case can be heard in front of the magistrates. We remind that both parties involved, the employee and the employer, must be present at the hearing, where evidence or other details must be provided, with the help of the legal representatives. The same EAT (Employment Appeal Tribunal) will agree if the appeal was made in proper terms and if it stands for success.

Our criminal solicitors in London can legally represent you when making an appeal and going to the tribunal to sustain your case. The entire procedure and also the legislation in this matter can be explained by our advisors, in accordance with the Employment Tribunals Act 1996.
 

Who can make an appeal to the Reserve Forces Appeal Tribunal?


Persons who served the military forces in UK and who are now retired not on their request have the possibility to appeal a decision to the Reserve Forces Appeal Tribunal in UK. The reservists charged with military law offence and sentenced can also appeal the decision to this tribunal. Financial disputes which involve reservists in the country can also be appealed to the military tribunal. Ex-military forces are also known as reservists who have been accused of serious crimes in the UK like theft, driving under alcohol influence or criminal damage can be trialed in accordance with the Armed Forces Act 2006 and should request the legal support of our appeal lawyer in London. We remind that a sentence in such a case can be appealed to the Reserve Forces Appeal Tribunal in the UK, with proper legal representation from our criminal lawyer in UK.
 

How to appeal a decision to the Reserve Forces Appeal Tribunal in UK


The Secretary of Tribunals can receive the letters from reservists interested in making appeals to the Reserve Forces Appeal Tribunals in UK, where besides personal details like name, address, and telephone, one should describe the reasons to appeal the sentences and the determination in this matter. Furthermore, a letter of appeal must contain information about whether a person wants to be part of the hearing or not, and if he/she will have an appeal lawyer to represent the case. Please consider that any appeal to higher tribunals in the United Kingdom needs to be properly prepared for positive results, which is why we recommend the help of our criminal solicitors in London.

If you need to appeal a sentence in UK, please contact our appeal lawyers in London, who can offer you legal representation