APPEAL AGAINST SENTENCE


Micaila Williams - Law For LifeHi, I am Micaila Williams. If you have committed or been accused of any criminal offence we at Law for Life can help you every step of the way. We provide straight talking, affordable and practical advice from specialist Solicitors and Barristers as well as full representation at the Magistrates’ or Crown Court.

We can also provide you with any forms/documents you need to complete the case together with DIY guides if you choose to represent yourself . Feel free to contact us now for more details.


I WANT TO APPEAL AGAINST SENTENCE


APPEAL AGAINST SENTENCE TO THE CROWN COURT You have an absolute right to appeal against sentence from the decision of the Magistrates to the Crown Court and this is the usual process.

The appeal against sentence involves a complete rehearing of your case by a Crown Court Judge and 2 Magistrates. These cannot be the same Magistrates who heard your case in the Magistrates court when you appeal against sentence. Both sides (you and the Prosecution) are entitled to bring new evidence to this appeal against sentence hearing that was not before the original Magistrates court.

The procedure for appeal against sentence is the same, although the Crown Court system is known to be more formal. You should address the Judge as “Your Honour” and stand when he or she is speaking to you.

There is no court fee that needs to be paid for the appeal against sentence but if you are unsuccessful in your appeal against sentence, the Prosecution can apply for further costs against you. Of course it will be up to the Crown Court, having looked at your specific financial circumstances and their view on the merits of the appeal, whether or not these costs should be met by you for the appeal against sentence.

APPEAL AGAINST SENTENCE TO THE HIGH COURT If you appeal against sentence to the High Court is incredibly complex and requires permission from a High Court Judge. You would need to show that the Magistrates had made an error in law for the appeal against sentence or had applied the law incorrectly. This is an area that requires extensive legal knowledge and legal advice should be sought so please contact us.

HOW LONG DO I HAVE TO APPEAL AGAINST SENTENCE There is a strict 21 day time limit from the date of your sentence to lodge your appeal against sentence. If your time limit has expired you may still be allowed to appeal against sentence but you would need to seek permission first and have good reason why the 21 day limit was not complied with.

CAN I GET MY COSTS OF AN APPEAL AGAINST SENTENCE BACK If you are successful in your appeal against sentence and you have incurred legal cost in defending yourself you can make an application for a DEFENDANTS COSTS ORDER to obtain any reasonably incurred legal costs back.

CAN I SUSPEND A DISQUALIFICATION PENDING APPEAL AGAINST SENTENCE Yes. This is not done automatically when you fill in your appeal notice so you MUST ensure that this is written on the appeal against sentence form and/or raised in court when you appeal against sentence.

NEXT STEPS TO APPEAL AGAINST SENTENCE

  • You MUST complete an appeal notice and serve it on the Prosecution and the Court within 21days to appeal against sentence.
  • You will then receive a notice from the Crown Court informing you of your hearing date for the appeal against sentence.
  • If you want legal representation at your appeal against sentence hearing please contact us as soon as you can so we can fully prepare your case
  • If you choose to deal with the appeal against sentence yourself, please see our helpful court guides and specific offence guides