Appeals
If you have been convicted of a crime you didn’t do or received a sentence that you feel you did not deserve you will be extremely frustrated and feel that the justice system hasn’t worked for you. In these situations, it may be possible to appeal your conviction or your sentence.
How and when an appeal is lodged depends on where your case was heard.
Appeal from the Magistrates’ Court
If it was at the Magistrates’ court, then this must usually be done within 15 working days of the date you were sentenced and will be heard at the Crown court. It is an automatic right to have an appeal and in effect, the hearing at the Crown court will be a re-run of the trial or sentencing which will give the chance of a different outcome.
What are the possible grounds for an appeal against sentence?
The two most common grounds for appeal against sentence are:
The sentence was ‘manifestly excessive’
Whilst there is no clear definition as to when a sentence is ‘manifestly excessive’ it is understood to be where a sentence imposed exceeded the proper range of sentences when all relevant factors about the offence and offender are taken into account. The Court of Appeal should not, therefore, intervene to reduce a sentence simply on the grounds that it is slightly more severe than it would have imposed in that case. There must be a clear error.
When appealing on the basis that a sentence is manifestly excessive, there are a number of bases on which such a submission is commonly made:
(a) The Judge adopted too high a starting point.
(b) The Judge gave too much weight to the aggravating factors.
(c) The Judge gave too little weight to the mitigating factors.
(d) The Judge ‘miscategorised’ the offence when applying the Sentencing Council’s definitive guidelines.
(e) The Judge made an insufficient reduction for any guilty pleas.
When a sentence is considered as being ‘wrong in principle’ or ‘wrong in law’
Alternatively, a sentence may be said to be wrong in principle or wrong in law. Again, there is no definition but the scope for making such a submission is clearer. A submission that a sentence is wrong in principle requires, unsurprisingly, the applicant to identify the principle that is said to have been contravened. For example, the principle of totality. Here, there is some overlap with the submission that the sentence is manifestly excessive, as bound up with the argument that the sentence is wrong in principle is the argument that the error of principle led to a sentence that was too long.
Additionally, an appeal might be brought on the basis that the sentence is wrong in law, that is to say that the judge imposed a sentence in contravention of the law. Here, perhaps obviously, it will be necessary to identify the provision (or common law rule) that is said to have been contravened. For example, a sentence that is in excess of the permitted statutory maximum would be wrong in law, as would a life sentence under the “dangerousness” provisions where the sentence was not as a matter of law available for that offence.
Appeal from the Crown Court
If the matter was at the Crown court, you can appeal against your conviction, sentence or both. It does not matter if you pleaded guilty or not guilty. However, unlike appeals from the magistrates’ court, there is no automatic right to appeal, and you must first submit grounds to the Court of Appeal who will decide whether to grant you permission. This is usually based on there being an error in law or procedure during your original case or perhaps new evidence coming to light. It cannot just be because you disagree with the result in your case. Only if the Court of Appeal feel there are grounds for an appeal will your case go before the full court for a hearing.
You must apply within 28 days of either:
- the date you were convicted (even if you were sentenced at a later date) if you’re appealing against your conviction
- the date you were sentenced if you’re appealing against your sentence
If you apply later, you’ll need to explain why you could not send your application in on time. You may get an extension.
A judge will look at your application and decide whether to give you permission.
There are of course potential consequences of appealing convictions and sentences which can include higher sentences and costs and so it is important that you get proper advice on any potential appeal before embarking upon this process.
At SMART Criminal Defence we have years of experience dealing with all types of cases and so are in a strong position to review your case and advise on whether an appeal may be possible or not. We will also be able to speak to you about how such an appeal is funded and whether it is in your best interests to pursue an appeal or not.
If you wish to discuss an appeal, we would warmly welcome an enquiry via our Contact page or call us free of charge on 0333 200 8581. We pride ourselves in getting back to all enquirers promptly.