Appeals to the Court of Appeal at the High Court in London can be made after conviction or sentencing in the Crown Court.
In England and Wales, the law under which appeals can be made is contained in the Criminal Appeal Act 1968, the Criminal Appeal Act 1995 – and the Criminal Procedure Rules.
Following a verdict or sentencing, a solicitor or barrister will advise on whether there may be grounds for a defendant to appeal conviction or sentencing.
The usual time limit for submitting appeals to the Court of Appeal is 28 days after a verdict – and appeal is possible only if the trial judge grants a certificate of fitness for appeal.
In some cases, it may be possible to lodge an appeal later than the 28-day limitation period by asking the court for permission to apply for Leave to Appeal Out of Time. However, reasons must be given for doing this.
In order to appeal, it is necessary to prepare grounds for appeal and submit an application form to the Court, which will be completed by your lawyers at Lexis Solicitors.
The application is then sent to the criminal division of the High Court or Court of Appeal.
An appeal single Judge will assess any application for Leave to Appeal a conviction or sentence – and if the grounds for appeal are judged to have sufficient chance of success and Leave to Appeal is granted, a full hearing at the Court of Appeal will be scheduled before three Judges.
Lawyers at Lexis Solicitors have wide-ranging expertise expertise in representing clients wishing to apply to the Court of Appeal regarding conviction or sentencing – including preparing evidence which may not have been available, or was not submitted during the trial. Our lawyers have dealt with high profile clients and considered their appeals.
In some cases, an appeal may also be made if a trial was not run properly – or sentencing was not within sentencing guidelines, was unusually harsh (manifestly excessive) or may involve a breach of human rights.
At Lexis Solicitors our lawyers understand how important the appeals process is to clients who wish to appeal a conviction or sentence – our experienced criminal defence lawyers will make sure that the best outcome possible is achieved in any application to the Court of Appeal.
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