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Most criminal cases are dealt with in the magistrates’ court, but the more serious and complicated cases are heard in the Crown Court. When this happens, it is all the more important to make sure that you have quality representation. Elliot Mather have an experienced and respected team of experts to help you through this stressful process. Our expert litigators and advocates have experience in defending all types of serious crime. When your case goes to the Crown Court, we will instruct one of our in-house advocates or, in some cases, a barrister.
The Criminal Justice System does not always get it right first time. If you have appeared in court and disagree with the outcome, you may have the right to appeal against that decision. Our team have vast experience in dealing with all varieties of appeal and are on hand to assist you with your appeal; even if we did not represent you at the original hearing.
Appeals from the Magistrates’ Court
If your case was dealt with in the magistrates’ court and you do not agree with the outcome, you may have a case to appeal the decision. This can be done in a variety of ways. If you have been sentenced and think the sentence is too harsh, you may be able to challenge this sentence in the Crown Court. Likewise, if you had a trial and were convicted in the magistrates’ court, you may have a case to challenge your conviction either with an appeal in the Crown Court (which is essentially a retrial) or in the High Court (where the legal process in the magistrates’ court is challenged). Legal Aid is often available to cover our fees in these cases. There are strict time limits in place for appeals so taking advice as soon as possible is essential.
Appeals from the Crown Court
If you appeared before the Crown Court and disagree with the decision there, you may have the right to appeal to the Court of Appeal (Criminal Division). It is the responsibility of your representative to advise you about your right to appeal following the outcome of your case as strict time limits may mean you will lose the right to appeal if not done quickly enough. If you were represented by one of our in-house Advocates or approved barristers, we will always advise you about an appeal and discuss your options well within the time limit.
If you feel that your sentence was too harsh, it may be possible to seek leave to appeal to the Court of Appeal to have the sentence reduced. The Court of Appeal will either allow the appeal (reduce the sentence) or refuse the appeal (leave the sentence alone). The Court of Appeal cannot increase the sentence but they can order that time spent in custody as an appellant does not count although this is only normally done in meritless cases.
In some cases, something can go wrong in the trial process and you may feel that is why you were found guilty. Maybe the jury were given the wrong direction, maybe the judge got the law wrong or possibly, there is some new evidence. In these cases, you may have a right to appeal against your conviction on the grounds that it was unsafe. If you were represented by one or our in-house Advocates or approved barristers, we will always advise you about your options if this situation arises. Again, there are strict time limits which apply in these cases
If you were represented by another firm, it may still be possible to assist you with an appeal. Contact our Crown Court team for more advice.
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