Appeals to Sentences
Updated on Thursday 20th April 2017
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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 criminal solicitors in London 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 criminal defence solicitors in London can offer you more details on the procedure established for appeals in the UK.
Grounds to appeal in the United Kingdom
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;
• the person is mentally disordered;
• the person 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.
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 defence solicitors in London. 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 in the UK.
If you want to know more details about how to appeal a sentence in the UK, we invite you to watch the video below:
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 defence lawyer in the UK. 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.
If you need to appeal a sentence in UK, please contact our defence lawyers in London, who can offer you legal representation.