What is an Appeal?
Submitted by Grizzly on Fri, 29/01/2010 - 23:21
Hey all
I`m just wandering what is an appeal exactly? i mean can it get someone released from custody or prison?or does it just reduce their time in prison?
Thanks Alot
Grizzly
An appeal can be made against
An appeal can be made against a conviction and/or sentence.
As an example suppose an accused is convicted of an offence at the Crown Court and sentenced to 5 years in prison.
If he had the grounds he could appeal the conviction by saying for example the judge erred in his summing up to the jury. If the appeal judges accepted that the conviction would generally be quashed and the accused freed.
If the appeal is against sentence then the accused would argue that the judge for example was too severe in handing down the five year sentence. If the appeal judges agreed they would substitute a different punishment.
icox@s-law.co.uk
Ok thanks Ian So basically,
Ok thanks Ian
So basically, like if i or someone else could like back up the person that got sent down,with evidence or what we belive to be evidence that he didn`t do it,could that let him be free?as we got told by the barrister that we can only affect the sentence,but then i checked some where else and it said an appeal is like what u said,it stops the person going to jail,which is what i knew/thought it was.
Thankks
oh and can the accused be like me? or does it have to be the actual person that "did" the crime?
When I refer to the accused I
When I refer to the accused I mean the person in the dock - the person the police allege committed the crime.
I will have to make some assumptions from the information you have given.
I assume that there was a trial and that you gave evidence in that trial in favour of the accused.
I assume that despite that evidence the accused was found guilty and received a prison sentence.
I assume that he was represented by a barrister.
I assume that the accused was in receipt of legal aid.
It is still possible to appeal against the conviction but if the barrister advised against that type of appeal in the circumstances of the particular case it is unlikely that legal aid would be extended.
If the barrister was saying that the sentence could be appealed then legal aid probably would be available.
My assumptions may be wrong.
Has the accused been tried and sentenced? Have you now come forward with new evidence to show he did not commit the crime? If so let me know.