Appeals Guide - direct access to expert appeal barrister

 

 

 

 

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Ian Jones does not generally undertake criminal appeals, but may be able to refer an enquiry to another suitable barrister.
 
Please send details of your enquiry, marked “criminal appeal” to legal@direct-barrister.com

Criminal Appeals

Criminal appeals are not administrative appeals and are outside the scope of this Appeals Guide.  What follows is a general overview of criminal appeals, but anyone faced with a criminal appeal should seek professional advice elsewhere.

Criminal prosecutions are generally brought by the Crown Prosecution Service on the information provided by the police.  However, prosecutions can also be brought by public authorities such as local councils (e.g. for health and safety offences, trading standards matters, noise nuisance, school absence, benefit fraud) or other agencies.

 

Prosecutions will start in the magistrates’ court, but if the offence is serious it may be transferred to the Crown Court before the trial or for sentence.

Where the defendant is tried and sentenced in the magistrates’ court, or pleads guilty and is sentenced in that court, any appeal against conviction or sentence is made to the Crown Court.

 

Appeals must be lodged with the magistrates’ court within 21 days of their decision, and must make clear whether the appeal is against the conviction, the sentence or both.

 

The Crown Court can extend the time limit in special circumstances.  The Crown Court judge (sitting alone) will usually hold a pre-trial review to make sure that the case is ready for the appeal.  

Crown Court appeals are very formal, with the senior judge and the barristers wearing wigs and gowns, and evidence taken on oath.  The Crown Court judge decides the case with two magistrates who were not involved in the original decision.  The hearing is a complete re-trial, and fresh evidence can be taken into consideration.  The losing party may be ordered to pay court costs, and legal services funding may be available.

 

Where the original decision to be appealed against is a conviction or sentence imposed by the Crown Court, the defendant must ask the trial judge or Court of Appeal for permission to appeal, within 28 days.  The decision will be made by a judge sitting alone, though any eventual appeal will be heard by a panel of very senior Court of Appeal judges (Lords Justice of Appeal).

 

No Criminal Appeal Factsheet will be produced as part of this Appeals Guide—please refer to other guidance listed on the Useful Links section below.