Appeals Proceedings
Although the English legal System is recognised world-wide as being of a high standard, sometimes it makes mistakes, and a wrong decision is made. Sometimes this can lead to innocent people being convicted, or sentences being excessively long.
This is where Castle Solicitors step in to help you. We can look at your situation to see if anything can be done and whether the court has made any mistakes in their decision making.
Using our experience, we can look to see if an appeal can be made, be it in the Magistrates’ Court or the Crown Court.
Call our 24h helpline
07912 784485
How can I start my appeal?
Please get in contact with Castle Solicitors on 07912 794485 and speak to a member of our team.
We will then make an appointment to see you in our office. If you are currently serving a prison sentence, we will attend the prison to discuss your options.
If we did not represent you at trial, we would need to contact your previous solicitors to view your original papers. Plus, we would need to obtain the court transcripts. After we have received all the relevant documents, we can advise as to the merits of an appeal.
The Magistrates’ Court
In the Magistrates’ Court, if you are not satisfied with the decision, you have an automatic right to appeal. Our experienced lawyers will look at the case papers and advise you on the strength of an appeal and can represent you through to the conclusion of the appeal process. We could do this even if you were previously represented by another firm.
The appeal will be heard at the Crown Court. Castle Solicitors prepare the case for appeal. You can appeal the conviction, or the sentence that was imposed. We will instruct an experienced barrister who we regularly instruct for such matters.
The Crown Court
In the Crown Court, you have no automatic right to appeal.
The procedure is more complicated. First, we must make an application to a single judge on your behalf. This is to make an application for permission to appeal to the Court of Appeal.
What if permission is refused?
If permission to appeal to the Court of Appeal is refused, we could make a further application to a panel of judges.
Who decides the appeal?
Three experienced, senior judges decide the appeal. They can reject the appeal and impose a longer sentence.
What are possible grounds to appeal a conviction?
- Inadequate representation at the first trial
- Police misconduct
- Misdirection of law by the judge
- No direction by the judge
- Misdirection of the facts by the judge
- Failure to refer to the defence by the judge
- Inappropriate comment by the judge
- The indictment is defective
- Wrongful admission or exclusion on the evidence
- Mistakes by expert witnesses
- Non-disclosure of some evidence by the Crown Prosecution Service
- The judge rejected a submission of no case to answer
- Problems relating to the jury
- Irregularity regarding the verdict
- Additional evidence comes to light after the trial
Timescales
There is no fixed timescale as to how long it will take for a matter to be dealt with as it is all dependant on the seriousness of the matter. Each offence is given an estimate timescale after the initial meeting.
Most straightforward cases at the Magistrates’ Court conclude within 6 months. However cases could take longer depending on various factors including Court Listing and whether any case is sent to the Crown Court for Trial or Sentence.
Why should I choose Castle Solicitors?
We understand
24 hours a day you can contact us if you require legal advice.
We’re experienced
We don’t like losing, so if matters do go to trial, you’re guaranteed a solicitor who has a successful track record.
We win
Our goal is always to get the very best result for our clients, whether that be the police taking no further action, preventing someone from receiving a custodial sentence or clearing a client’s name with an acquittal after trial.
What should I do now?
Contact us by calling on 0121 226 3636, emailing admin@castlesolicitors.co.uk or even sending a message from this website on the contact page. We will call you back as soon as possible (usually within 2 hours) but in any event no later than 24 hours.
For emergencies, you can also contact our 24-hour helpline on 07912 784485
Remember
If you have been arrested to simply ask for Castle Solicitors at the police station and we will receive the call.