When it comes to the appeal against conviction, many people are not aware of the fact that there is a time limit of 28 days from the date of conviction for them to file an appeal. While there are a number of instances where an extension of time has been granted to the convicts, it is important that one should file an appeal within that 28 day time frame.
One of the most important decisions when it comes to filing an appeal is to choose the right criminal appeals barrister. So, if you or any of your loved ones has been convicted of a crime and wants to appeal against the conviction, here are a few tips to help you choose the right criminal appeals barrister.
One of most important factors that you need to consider while choosing a barrister for appealing against conviction is the number of years of experience in this field. Therefore, it is important that you choose a firm that has a number of highly experienced barristers in the team to provide you quality representation during the appeal. The best way to check their experience is to ask them to share their past successes in cases similar to yours.
Reputable and well-known appeals barristers do not come cheap. Therefore, you should be ready to pay a high price in order to hire the services of a team of good barristers. However, it is important that you get everything in writing where all the fees are mentioned in a transparent manner.
As far as the process of filing an appeal against conviction is concerned, it starts with filing W form or B form which then needs to be sent to the Crown Court. The documents need to be filled correctly as even a slight mistake can result in rejection of the documents. Once the court has received the forms, they will check all the details and pass on the documents to the registrar in London.
The registrar in London will check the papers and provide a reference number which will be used any time your lawyers contact the court. The process then moves on to the single judge part of the appeal. In this process, a single judge decides whether you will be granted a leave to appeal. This decision is based solely on the transcripts, relevant file papers, appeal advice as well as notice and grounds of appeal.
A single judge records the decision on an SJ form which states the reason given by the judge for refusing or granting the appeal. If the judge grants the leave to appeal, you have 14 days for informing the Criminal Appeal office. This time limit of two weeks is very strict and is rarely extended.
After this process, there is a full court hearing where a panel of three judges decides whether the convict should or shouldn't be given leave to appeal. If it is successful, the case moves to the High Court which is also known as Law Court or Court of Appeal Criminal Division.
In the High Court, the appeal is heard by a panel of three judges. As far as the time taken for the court case is concerned, most of the cases are over in a matter of hours but some cases can also run for several days depending on the circumstances as each case is different.