How You Can Appeal a Sentence

Updated on Wednesday 01st June 2016

How You Can Appeal a Sentence Image
An individual who is sentenced for an offence at the Crown Court may appeal against the verdict at the Court of Appeal, criminal division. The sentence contains any order made by a court when dealing with a criminal suspect. The process is initiated by lodging a form NG (Not Guilty) to the Crown Court passing sentence within 28 days. This document needs to be complemented by the grounds of appeal and is then directed to the Court of Appeal for deliberation by a single judge. 

When condemning, a magistrate is usually conducted by the sentencing rules set out in law, along with examples. On the other hand, the judge will also be influenced by a number of other factors which are detailed to each individual case and these contain:

•    your antecedents, known as criminal history, particularly if the convictions were for identical kind of crime;
•    whether or not you pleaded guilty or you were convicted after a hearing;
•    the subject of a pre-sentence statement by the Probation Service;
•    if you pleaded guilty, at what phase you passed in that plea.

Reasons to appeal a sentence, presented by our criminal defence solicitors in London

There are many grounds upon which an appeal is stuck against the verdict. Here is a summary of some of the most ordinary grounds.

- improper sentence on a truthful basis. Newton hearings (a legal procedure in the UK law, where the magistrate tries to determine which party is telling the truth) are essential in creating the precise facts upon which to pass the verdict. Where no determination of uncertain facts takes place and the sentencing magistrate does not make clear which type of events he accepts, the Court of Appeal will continue on the defendant’s account.

- sentence not justified by law. The Court of Appeal will interfere when a sentence is approved, which could not lawfully be passed. With the number of complex decrees, we have currently dealt with sentence and errors are frequently made by Crown Court Judges and have to be adjusted.

- procedural mistakes. Where a sentencing judge permits sentence without the help of a pre-sentence report, where it was correct to have done so, an appeal must be lodged. Improper facts about a defendant’s former antecedent history may also result in a positive appeal.

- judges’ comments when sentencing. The Court of Appeal may permit an appeal where it creates the view that the sentencing magistrate has taken into consideration inappropriate factors when determining the suitable verdict. As an example, the judge shows that he/she amplified punishment because the defendant chose to plead not guilty or because he chose to select Crown Court hearing. Unrelated aspects such as those above might result in a decrease of the sentence.

- general guidance. The time limit of 28 days in which to lodge an appeal can be prolonged in the benefits of justice. Where a solicitor counsels on the facts of an appeal, the 28-day limit is frequently extended without trouble.

Our team of criminal defence solicitors in London can guide you and legally assist you if you want to appeal a sentence, so please don’t hesitate to contact us.