Appealing a sentence

Do I have the right to appeal?

This depends on which court the case was heard in. Once we have some initial information we’ll be able to tell you whether you can appeal your conviction, sentence or both.

Magistrates Court

A decision of the Magistrates can be appealed by way of an appeal to the Crown Court. Once convicted the appeal should be lodged within 28 days of the sentence being passed. The appeal is by way of a rehearing of the hearing at the Magistrates’ Court and is heard by a Judge and two magistrates. There is an automatic right of appeal, but an unsuccessful appeal may result in costs being awarded against you. We will give you a realistic assessment of your chances on appeal.

Crown Court

A conviction in the Crown Court can only be appealed if the conviction is deemed to be “unsafe”. You must have grounds upon which to base your appeal and cannot appeal a conviction merely because you don’t like it. We will advise you as to whether we consider that you have sufficient grounds of appeal and if we do we will settle grounds of appeal and argue them before the Court of Appeal.

A sentence can only be appealed if it is wrong in law or deemed to be manifestly excessive. We will advise you as to whether your sentence is either wrong in law or manifestly excessive and if it is we will settle grounds and argue them before the Court of Appeal.

Again such grounds of appeal should be submitted within 28 days of conviction/sentence but appeals can be heard “out of time” if it is in the interests of Justice.

How much will it cost?

It may be that legal aid might cover your appeal but in certain areas, it will not. We can, therefore, act for you on a private basis. We are transparent and open about our fees, offering fixed fees at highly competitive rates. Please contact us for a no obligation quotation.

We can also offer second opinions on a private basis when clients are already legally aided and represented by another solicitor.