Whether you have been convicted of a crime you didn’t commit, or received a sentence you think is too harsh, you have a right to appeal these decisions. Even if you have pled guilty to a crime you can file an appeal if you think the sentence you received is unjust. To appeal a Crown Court decision, you have to file an application seeking permission to appeal a conviction or sentence.
Filing Appeal Application
When you fill out the application seeking an appeal, you must include the reason(s) for the appeal, called the ‘grounds for appeal’. In order for an appeal to be granted, the appeal must have a responsible prospect of being successful and there should be a compelling reason to give you permission for an appeal. For example, some of the possible reasons could be the discovery of new evidence or that court procedures were not properly followed.
Filing Time Limit
There is a deadline in which you must put in your application seeking permission to appeal your conviction or sentence. If you are appealing the conviction, you have 28 days from the date of the conviction to file the application for appeal, and if you are appealing a sentence you have 28 days from the date you were sentenced to file the application. You can have one of the criminal solicitors in London help you fill out the application for an appeal.
Appeal Application Decision
Once you file the application for the appeal, it may be granted and the appeal will be heard by the Court of Appeal. If the application was rejected, you will receive a letter stating the appeal was not granted. However, if it was not granted, you can refile your application for an appeal and it will then be heard by a “full court,” which is two to three judges instead of just one.
Magistrate Court Appeal
If you were convicted of a crime in the Magistrate’s Court, you can file an application seeking permission to appeal the conviction or sentence. The process is much the same as it is for appealing a Crown Court conviction or sentence, but you only have 21 days from the date of the conviction or sentence to file the appeal application. If you don’t meet that deadline, you can file an application seeking an appeal with the Crown Court.
If your appeal is heard and it was successful against your conviction, the conviction will no longer apply and, in some cases you may be compensated. You will need to file a compensation application after your appeal has been successful. If the appeal against the sentence you received is successful, then your sentence will be reduced.
You can appeal a conviction on any type of crime, including a speeding ticket conviction, by going through the appeal process. As long as you file the application seeking permission for an appeal on time and you have a compelling reason for the appeal, it should be granted. Your solicitor can help you through the process, including representing you during the appeal.