Crown Court Appeals

Author: Lorna Elliott

The Crown Court hears the more serious criminal cases in England and Wales. Like the Magistrates’ Court, there are two ways in which you can be convicted. Firstly if you admit your guilt in the Crown Court you will have a conviction. Alternatively, you can be convicted by a jury. A jury must be certain (so that they are sure) that you are guilty, before they can find you guilty of an offence. If your Crown Court case was an appeal against sentence or conviction from the Magistrates’ Court, you have no further right to appeal.

If you're uncertain about the potential outcomes after conviction, you can get guidance from our free Sentence Guide.

Court Procedure

After you are convicted, your defence lawyer must advise you as to the prospects of success of an appeal. A notice of appeal must be given to the criminal division of the Court of Appeal within 28 days of the decision you are appealing. In some circumstances, such as if you have been found guilty after a trial and the trial judge has ordered that reports should be prepared for your sentencing hearing, you may need to provide notice of your decision to appeal your conviction before you are actually sentenced.

Further, these types of appeals from the Crown Court to the Court of Appeal are not re-hearings. The Court of Appeal considers submissions from counsel, which can be given orally or in writing. An appeal can be against conviction or sentence but, unlike appeals from the Magistrates’ Court to the Crown Court, there is no automatic right to appeal save for in two limited circumstances:

if the sole ground(s) for your appeal involve(s) a question of law only
in exceptional cases, the trial judge in the Crown Court may certify that the case is fit for appeal

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Obtaining Leave to Appeal

In order to appeal, you are required to obtain ‘leave’ (permission) from the Court of Appeal. In the first instance, you apply for leave to appeal to a single judge who will consider your request on the papers alone. If this is refused, you can apply in front of the full court. However if this application (either on paper or verbally in front of the full court) is refused the court has the power to direct that the time you have spent in prison to date has not counted towards your sentence, lengthening the amount of time you will have to spend in prison.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Appeal Against Conviction

The Court of Appeal will only overturn a conviction if they consider it to be ‘unsafe’. Appeals against conviction do not entitle the Court of Appeal to increase your sentence if they decide not to overturn your conviction, but they do have the power to order you to pay the prosecution costs if you are unsuccessful (this is generally rare, given that you have already sought and obtained permission from the Court to have your appeal heard.)

Appeal Against Sentence

The Court of Appeal will only re-sentence you if they consider that your sentence was either ‘wrong in principle’ (e.g. contrary to the law) or ‘manifestly excessive.’ However, it is not just the defence that can appeal against a sentence imposed at the Crown Court. If the prosecution considers that the judge gave you a sentence which was ‘unduly lenient’ they can also appeal to the Court of Appeal to ask them to give you a more hefty sentence. In these circumstances, however, the Court of Appeal often deducts a certain amount from the normal sentencing tariff because of the fact that the respondent (defendant) will now be facing a more weighty sentence than previously imposed.

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92 questions

Ask Courtroom Advice a Question

Scobra 27/08/2021 at 12:19 am

Hello I would like to appeal my sentence and conviction! I was found guilty of murder which i am not guilty of. I need help I need help. Please help me

disappointed 14/08/2021 at 1:57 pm

My daughter's abuser was sentenced to 12 years, which was increased to 15 on appeal, i have been told he is appealing again, how is this possible? how many appeals are allowed. my daughter was 5-6 years old when this happened.

Penny66 29/12/2020 at 1:30 pm

My son has been sentenced to 27 months he hit a cyclist on a B road (dual carriageway) , he was not speeding or under the influence, he did however use Spotify on his phone, he was in such shock that he threw phone out of smashed window drove around the roundabout to other side run across both carriageways to get to cyclist was crying and saying sorry, the cyclist spent 11 days in hospital with his injuries my son had 1 month for perverting the course of justice and the rest for dangerous driving there were 3 unanswered calls on his phone and even though he shouldn't have changed the music this is not against the law as far as I'm aware. Unfortunately the cyclists wife passed away with cancer during this time which has destroyed us emotionally as well as them...and knowing that the cyclist could not care for her as he would have been able to, we know this suffering from our own family experience. I have read other sentences from others who have done worse, yet had lighter sentences, I cant help but feel the judge sentenced my son harshly because of the emotional side of it, I really need help to get proper justice for my son, many thanks

Af 21/10/2020 at 11:31 am

My partner was sentenced to 18 years for drug supply class A was his first a fence for 2kelo of Cocaine do you think that this is a harsh sentence people have done worse with the same a fence or a different a fence and have recived a lot of a lesser sentence any advice on this sentence

CAROLINE 21/08/2020 at 3:44 pm

I WANT TO APPEAL AGAINST MICHELLE HUNAISHI THEY SAID THEY WERE NOT TAKING IT FURHTER AT POLICE STATION AND SHE WAS THE ONE WHO WAS ARRESSING ME

CAROLINE 21/08/2020 at 3:43 pm

GOOD AFTERNOON IV SENT A PREVIOUS LETTER IV DONE A FORM ONLINE BUT NEVER HEARD ANYTHING. I WANT TO APPEAL SOMETHING THAT I WAS TAKEN TO COURT FOR I DIDNT STEAL 10 POUNDS I WAS INVESTIGATING MANAGEMENT AND SOMEONE FROM POLICE KNEW CAN YOU HELP ME APPEAL

Jasicada 03/06/2020 at 10:14 am

hope that you can help me and my son.
He is at this moment in time serving an 18yrs sentence for rape of a child.
As stated.. There was no medical evidence of this other than the child had clamidia without further investigation.
He was sleeping with her mother at the time of the accusations who told us she was pregnant by him. Nothing said about clamidia.
His partner who he started seeing around the same time of the accusations has been tested and doesn't have clamidia. Clamidia wasnt mentioned until sentenced.
The barrister who was representing him did not call any witnesses in his defence.

There was a lot of inconsistencies.
The police officer said that they had probably been to my home to arrest him.. Which was untrue because I receive a phone off the child's mother to inform me what had been said.
I then called my son and he went to Wolverhampton police st ation the following day to find out what was going on. I went with him. I also handed notes she had written to the police which apparently they lost and i had to produce copies.
The child constantly asks how he is.
Her best friend at the time had accused her step dad of identical things..
The prosecution constantly said it was because he had been abused that he was an abuser.
My son admitted he had had violent relationships. Especially with the mother of the child.
He was also accused of abusing another child because he had cuddled her years ago. But that girl actually stated he had not touched her in any way. Her mother isn't one of the nicest people.. But she has 2 children by my son who have told her that they will see their dad as soon as they can.
His other son has letter contact with his dad..
I have grandchildren.. Nephews.. Nieces ect who all love my son..
I feel he was misrepresented in court.
Even the judge said that the case had already cost too much money..
We had a juror who could not read or write but when the cou rt was informed of this on the second day. He stated he already had his verdict.
If I had 1% doubt in my son I wouldn't be writing this.

Also we were told if he pleaded guilty he would probably recieved a lower sentence.

One of the defence witnesses statements wasnt produced until the last day by the prosecution with the excuse that the police could not find her because she had moved.

Any advice would be much appreciated.

Sophie 31/05/2020 at 12:20 pm

If I sent off for an appeal 3 months ago and still haven’t heard anything back, is there any chance I could withdrawal it?

Yimmy 21/04/2020 at 1:47 pm

Having gotten my self in various incidents involving the law. I would like to find out how one goes about having cautions removed from my pnc record being that the cautions were from three different districts.

Additionally, what is my chances of appealing a conditional discharge.

Nan 05/02/2020 at 10:18 am

Hi my son has been convicted of murder along with 2 others however he did not commit the murder the other 2 boys did he will be sentence on Friday he's 25 years old and has 2 children under 5 years old I'm so concerned for them as their mum treats them badly for the sake of his children can he appeal his sentence for murder which is mandatory no less than 25 years meaning his son will be 30 before he's released ....

Need2know 12/09/2019 at 10:23 am

My partner has been waiting over a year to obtain leave to appeal. Is this normal? He is appealing both his sentence and conviction. When I ring the court of appeal they say his case is in the beginning stages every time.

Anxious 20/08/2019 at 10:06 am

Hello can I in any way get help or appeal a guilty plea to common assault. I was advised by solicitor that I could plead not guilty cause it was self defence then I was told we would meet up before my hearing, the solicitors never met with me and in day of trial it was a solicitor I had never met who stated they got my file that morning so was reading up. She advised me to plead guilty because court was stressful and police statement n doormen (who I was accused of assaulting after then had assaulted me by physically removing me from the building at end of night when I was told by owner to wait whilst he looked out back to see if my cousin was there) had made statements against me. This solicitor had not heard my police interview nor watched the cctv if outside which is when I hit the doormen. I was told it would not affect my work or studies. So I listened as I suffer fibromyalgia and chronic fatigue and was at that time suffering work related anxiety and depression. I was placed on tagged for 2 months and have since lost my job and been removed from my uni course, as it says I cannot work with vulnerable children. This is ruining my life. The week after the trial I then received a letter from the first solicitor I spoke to stating I had legal aid and they expect my case to go on for approximately 5 months. I was so confused and tried to contact them but no response was ever received. I emailed the day after court and advised I felt met down by the company as I was acting in self defence and not guilty but advised in my emotional vulnerable state that a guilty plea would end all stress and worries

Pauline 22/12/2018 at 7:12 pm

I wish to know if one can appeal the mitigation not used used in a crown court case. My son has Aspergers Syndrome (high functioning). The paperwork was given to the judge proving that my son was diagnosed at 6 yrs and as an adult by top consultant at mental health hospital. The judge had never heard of Aspergers and on sentencing decided my son had no mental health problems. It may have knocked off a some small amount of time off his sentenced if used. Is there anything l can do?

Woomi 29/01/2018 at 10:31 pm

A relative of mine arrested for the case of conspiracy in entry of illegal immigrant for two years.
The appeal against sentence has been approved by court of appeal.
He will be freed from the prison after one and a half month with the four moths on electric tag afterward.In his appeal he can win or lose. If he lose What would be the consequenses of his lost regarding to his sentence duration and cost of appal?can you please answer me?
Thanks woomi

Ollie 21/01/2018 at 1:10 am

My ex assaulted me and caused me bodily harm he threatened to kill me ..the cps are taking him to crown court this year ..he alleged I attacked him in his statement when he was first arrested and he pleaded not guilty to my assault..he is now claiming self defence and still not guilty plea so a trial is going to be in a few months..it's seems to me his lawyer has told him to do this to get off ? Will the jury see through this ..my ex is a very good liar

Kate 03/01/2018 at 6:04 pm

In march 2011 I was convicted by a jury of a section 18 & sentenced to 13years EPP, my co-defendent received 15 months for section 20.it was actually my codefendent who was guilty if the 18 & me of the 20.I tried to appeal conviction & got a good barrister from London,he was very shocked that I'd been found guilty but could find no new evidence,& the judge had done everything correctly,I have been out of prison for two years now & believe I have found new evidence myself,evidence I could never find while in custody,this has destroyed my life,serving 9 years for something I didn't do, the witnesses completely changed there storey in court,they had always maintained it could have been either me or my co.d,also there refresher statement two weeks before the trial,but in court they put it all in me,I was found guilty of glassing the female in the neck with a glass,which my prints wernt even on my co,d blamed me also.I was completely stitched up, I was offered 4 years at the start of my trial but I would not admitted to something I hadn't done, there is so much more to this,that is to long to go into,I will never get the 5 years back I served or having to give birth to my baby in jail only to be separated 6 hours later, thus has destroyed me & my family,I want to clear my name,I believe I have now found new evidence, is it to late to try & appeal again?

James 07/12/2017 at 10:21 pm

Hi, a friend of mine has been convicted by a jury for conspiracy to supply class A drugs and hasn’t defended himself well enough to convince the jury of his innocence. The evidence the prosecution has produced was circumstantial. He was ill advised by his barrister and solicitor to not answer the questions posed to him with definitive answers and relied upon their advise. Crucial evidence for his defence was not produced and the second person who was also present in the prosecutions evidence and vital to the case wasn’t brought forward in the case and the evidence of cell site was used when the defendant was clearly with the second person yet he wasn’t taken into consideration to confirm that the phone used was his or the defendants. The phone was clearly the second persons but the defendant under pressure wasn’t able to answer or relay this to the court due to his lack of understanding and the incapabilty to do so due to stress and the loss of his mother just before the trial. The judge also used a.m. certain phrases and I feel that influenced the jury to come to their decision. Is there any ground for appeal on the conviction? This young man is genuine and is innocent. Thank you

paul 21/11/2017 at 6:12 pm

can you appeal to try and get a trial if you pleaded guilty on bad advice from a barrister. ie barrister told my brother if he piled guilty for attempted murder he would be out in 7 years on this basis my brother pleaded guilty. also he wasn't tokd about any deal s like pleading not guilty with the possibility of a lesser charge like sec 20 wounding for giving up the trial and pleading guilty

CourtroomAdvice Editor 09/11/2017 at 10:08 am

We are unable to give help here as we can only answer basic questions. You would need to find an independent immigration adviser that can advise more fully

Needhelpasap 08/11/2017 at 2:57 pm

Sorry I meant last week not last year ????????????

Needhelpasap 08/11/2017 at 2:56 pm

Hi there,
My dad got arrested 2 and a half years ago at the border as he was carrying identity cards of foreign nationals this made them suspect that he is assisting illegal immigrants into the country.
He was called to multiple court hearings but they all kept getting cancelled and postponed, finally after 2 and a half years the trial was set for last year. Unfortunately the jury reached a guilty verdict which then leaded to him getting 7 years ! (Which would be 3.5 years)
This is not fair and as a family we're gonna appeal this but I just wanted to get some advice and rights that we have.
Thanks

Me 04/11/2017 at 12:08 pm

My friend has just been given 30 years for a murder, there was a burglary he didn’t enter the property, they took the car and the owner got run over from behind, there was lots of evidence that he didn’t see the owner, also this was very high media and went to trial in the town were it was committed, I feel the sentence is to much life is 25 years normally with a min of something. What does anyone else know about this?

Joules 19/10/2017 at 5:09 pm

I was assaulted 2yrs ago. It went to court where she was given 18m suspended sentence, 1,000 costs and ordered to pay 500 compensation. She appealed, court was cancelled 5 times, she sacked her first solicitor 2 months ago and hired a Silk Barrister. Last Friday it finally went ahead. The Barrister badgered my daughter now 18yo and my partner who were both witnesses and myself. There was also photographic evidence of my injuries caused by a horse whip. She won her appeal and I am devastated.
Is there anything I can do?
There is also a charge of intimidation by herself her son and her friend of which there is video evidence and I was on the phone to the police when her friend was shouting at me which is recorded.
Will this still go ahead ?
As you can imagine the whole ordeal has had a huge affect on myself and my family. Any help would be hugely appreciated.

Emmalouise28 17/10/2017 at 3:50 pm

Please could you advise on my situation;
I would like to appeal my compensation order given in August 2015 by the crown court.
I was ill advised at the time and do not think my case was heard fairly, the charge was for faulsely obtaining benefits, I was ordered to pay £19K in 3 years and I am now in my final year, having only reduced this to £16K, through being at university for one of the two years, although I have been making continued payments.
I have been acting as a single mother until May this year in which I have been able to make more substantial payments, however do not feel I was realistically able to pay over £500 per month consecutively in order to clear the order in the time frame given.

The court did not look into my finances at the time and my ex partner who benefited at the time was not given any amount of the compensation order.
Please can you advise if I can appeal the amount still owed and what happens at the end of the 3 year period given as I will not have paid off the amount, will I be given a prison sentence?

Kind regards,

Emma

Callum 12/09/2017 at 8:36 pm

I've been convicted of failing to provide driver details, I was convicted in my absence due to a mix up in dates and I missed my crown court appeal due to my little lad being ill. Is there anything else I can do ? I've lost my job as my licence is revoked as a new driver and my grandfathers unable to leave the house as we have no other car

CourtroomAdvice Editor 05/09/2017 at 10:00 am

You can appeal against your conviction, sentence or both if you pleaded not guilty at your trial. If you pleaded guilty, you can only appeal against your sentence. , which will explain more.

Hannah 04/09/2017 at 1:03 pm

My partner was sentanced to 3 years on a drug charge. He wants to appeal but because he admitted it in the police station. Can they end up giving him longer? It's taken the police 10 months to charge him. I'm now pregnant, we now got our own home. & he started up a business. What can we do? Can they give him a bigger sentance on his first apeal?

CourtroomAdvice Editor 24/08/2017 at 9:46 am

Please see the gov.uk link here which will answer your question in full.

Ross 23/08/2017 at 12:17 am

I was convicted of GBH , 10 years ago after I was jumped by two guys when I finished work as a door supervisor ...... I'm now wanting to submit an application to the police force when my time in the army is up , can you tell me if I can get this conviction appealed against and taken off my record ?

Nicky 05/07/2017 at 7:37 pm

My sons appeal against his conviction and sentence was refused can he appeal again

Me 01/07/2017 at 1:20 am

Can your sentence be lengthened if it is you first offence in court my partner has been sent to prison and I don't think he had a fair trial his barrester said he could get a longer sentence by appealing but I have heard they don't do this on a first offence?

Rocky 11/05/2017 at 6:31 am

My husband was given a very harsh sentence for a drug crime - what is the process for him applying to appeal it representing himself?

CourtroomAdvice Editor 08/05/2017 at 2:42 pm

I'm afraid this is beyond our remit to advise. You would have to seek further professional legal guidance.

Jake 07/05/2017 at 11:23 pm

My son has been sent down for 51/2 yrs for apparent child abuse, ie facing the wall, rough play' Throwing empty plastic bottles at them,cold baths. Apparent nothing drastic just over extended time. His ex partner had the children removed from her 7 yrs ago and placed into care where the courts decided she was never to have them back. She has held a grudge since and took my son to court after he gained responsibility for the children claiming all of these things and more including the children being behind in their education and developement. The social services gave the children back to her even though there is a court order to say she is nt to have them. When this went to court my sons solicitor gave barely any defence against anything that was said even when his ex was caught out lying in court. His ex stated that she was petrified of him yet he has phone messages from her asking if he wanted to come for tea ect but nothing that she said was questioned. The court has been allowed the impression that all the childrens problems were down to my son and nothing about what his ex put them through or the time when they were in care all at a very young age. He has now been in prison since the 23 rd March and his date runs out to appeal on the 13 th May. His solicitor knew he wanted to appeal but has made no contact with him other than at court for sentencing where he stated he d come and see him, and did nt, other than that he has sent a letter stating that he didnt see there was any reason to appeal and wanted to close the case. His new partner who has 5 young children one of which is only 3 months old (they are struggling ) has tried to contact him numerous times over the past week. Eventually he responded on fri gone and said he would go and see my son,but we 've lost all faith in him and worried my sons chance of appeal is going to come and go and hes stuck with this seriously wrong sentance. Hes getting legal aid and wants to change solicitor but we have been told hes not allowed to transfer this.
Any help or advice would be greatly appreciated especially as to whether you think theres any grounds to appeal. iVe spoke to another solicitor about how much it would be to change solicitor but they said it would be about £4-5,000 just to have his case looked at.

The Imp 13/03/2017 at 1:06 am

My appeal against 2 convictions was upheld. What happens now? The first conviction was quashed without opposition by the crown court immediately. The second one was quashed as it was false. The convicting judge had no choice but to convict as very little defence was presented to them by my defence team. What happens now. Will the court who convicted me have to return my court costs? If so how do I reclaim them? How do I get a refund and a complete breakdown of the bill from the lawyers who misrepresented me? Would it be better to just report the lawyers who repeated gave incorrect advice and poor representation so they can't do this to anyone else? Please help. Thank you in advance.

bb 27/01/2017 at 10:18 am

Hi. If somone got sent down for manslaughter and got 3years and cps appealed against it and got extra 18months can that person still get out on tag

LAT 02/12/2016 at 7:55 pm

My son was stabbed in May 2016 by two people known to him. My son is profoundly deaf and is speech is not always clear to people who don't know him. When he was taken in the ambulance the police mistook a statement and misheard him, he was incoherent as he had lost a lot of blood and was in pain. Different police interviewed him whilst in hospital again without an interpreter and took his evidence down wrong. He was interviewed later with an interpreter on video. This week the trial took place, on Monday the prison service forgot to deliver the prisoner so it was delayed. On Tuesday they took the defendant to the wrong court, another days delay. On Wednesday it took numerous hours to get the video evidence and the court was only available for a couple of hours and they cut his evidence short. The defence barrister used the lack of consistency by the police to get him him off. Three people lied on oath that the accused didn't go out all day even though police evidence proved that he did. My son knows who stabbed him but because of his deafness he wasn't believed, is there anything he can do?

Kenny 06/11/2016 at 11:59 am

Hi. I would be grateful for your advice on Crown Court appeal costs. I received a road traffic conviction at magistrates for speeding (35mph in a 30). I pleaded guilty from the outset explaining I was riding a new motorbike home for the first time and was getting used to it. I pleaded online only to receive 3 points; £164 fine; £85 costs and £30 victim surcharge. I am appealing the sentence as feel it unfairly excessive (when all conducted online with no physical court hearing) - particularly the victim surcharge. Especially in light of my genuine mitigation (supported by the motorbike dealer) and circumstances. What are likely Crown Court costs if my appeal is unsuccessful? And is the above sentence fair and inline with current guidelines?

Many thanks

Kenny

Lesley 03/11/2016 at 6:25 pm

We had court case where accused flew in front door of my daughters boyfriends flat..knocking her younger 11 yr old sister into doir frame. We asked her to stay put as we had solisitor letter stating she didnt own the flat her.. argument. She knocked my older daughter out way and followed me took swing and punched my face then threw papera all over kitchen..i grabed her and struggled with her to get her out . Her friend came in and said to leave her and we told her to leave. I threw accused out. Pokice had been called by neighbour who took statements from myself and okder daughter but nit my 11 yr old.
At court she was foung guikty of assualt to myself breach peace threatning behaviour and assault to injury as my 11 yr old had collar bone broken. But id dindt know at time was 3 days later qe went to hospital when pain got worse and xray confirmed..she has now appealed all of her convictions which im raging about as she got of lightly with sentencing and had to pay costs to my 11 yr old.
How good are her chances ..

dj 01/11/2016 at 9:21 am

What are my chances of getting acquitted of a molestation offence when there was no evidence against me and a witness said he saw nothing. The appeal in front of the first appeal judge agreed that the witness saw no reaction on her face but stated that she did not have to show any reaction to a grope for me to have molested her
I was found guilty only because my accuser was over emotional in the witness box

jvdak 08/09/2016 at 3:40 pm

Hi All,
I was convicted in magistrate court for breach of no molestation order
and I appealed against this decision in crown court where decision again against myself

now I want to go for any upper court, please advise how and where I can do this

thanks

CourtroomAdvice Editor 06/09/2016 at 2:01 pm

I am sorry to hear this. She could try the Prince's Trust here.

ste 05/09/2016 at 9:15 pm

Hi my partner had postnatal depression which went undiagnosed despite visits to the doctors and talks with health visitor. Later that year my partner tried to commit suicide by setting fire to a bin in her council house living room. This attempt failed as the fire didnt spread and neighbours contacted emergency services.
A year later and her depression and moods had gotten really bad i had moved out and appealed to housing association to remove her from the property before she does harm, at the time i had also begged health service and police to help as she was out of control. her 16 year old sister had moved in and had her spending all her money on drink and parties. This i tried to tell people contributed to her second attempted suicide by setting a fire in the living room. This time she was hospitalised and caused a substancial amount of damage to living room. There was no structural damage and no damage to other properties even though semi detached.

A stint at a mental health assesment centre did her no good as she met a fellow patient who took advantage of her need for self destruction and went off.

Eventually when she had ran out of places to stay, i got a place for us to stay as a family. She was still not well and refused a solicitor and pleaded guilty to arson with wreckless endangerment.
She ended up getting 3 years. During this time i visited with the kids every week.
Even after being released on tag she still wasnt right and ended up breaking her tag and being sent back inside. She was finally released September 2014 and sent to live in a womens hostel, it was during this time i discovered she had been put back on the same anti depressants she had been on the two times she had tried to commit suicide.
Whilst in the hostel and on this medication again she tried to slit her throat!
She was sent back to prison and only by begging the prison medical team did she manage to get help and a diagnosis. she was given the correct medication and has since been released and is seeing a psychiatrist. She is now ready to look for work but feels she has no future in work because of her conviction.
How can she appeal to have this overturned?

Mum 04/09/2016 at 2:45 pm

My son has suffered with mental health and behaviour issues for a long time - he is 13. Due to his declining health he is prone to minor illness which has meant his school attendance is low.
I do attend all school meetings and fulfill school obligations. I am very proactive around my sons condition.
He has been assessed as requiring CAMHS tier 3 clinical intervention and we are awaiting an appointment.

School has decided that it is appropriate to prosecute due to his low attendance - they have gone straight for crime and disorder act section 8.1.d education attendance and haverequested a parenting order.

Obviously there are many repercussions to having a conviction and as a paramedic my livelihood is unfairly at risk.

I was badly advised by a criminal solicitor to plead guilty so I could gain access to extra resources for my son. I now know this is not so.

The court are asking for my input regarding the parental order - it is evident it's not appropriate but I've pleaded guilty so I was convicted.

At the sentencing I intend to change my plea because of prior bad advisement and I want to request an education support order which should have been consider prior to going to court.

Are there any cases in this instance whereby a conviction has been overturned at sentencing due to bad advisement and improper referral by the LA and school.

I cannot get legal aid so I must represent myself and I would like to be able to cite relevant cases to help my plea.

I'm wondering if I can get this conviction overturned at sentencing rather than having to go to appeals court.

With kind regards

Rachel

caffers 16/08/2016 at 1:00 am

Hello I'm very new to all this appealing my boyfriend Waa convicted of murder and got a life sentence with a minimum of 22 year's and as I sat through court me and his family and his solicitors all saw that to should be manslaughter because what happened was he set fire to a car and to went wrong and killed 3 people my boyfriend pleaded not guilty to murder but put a plea in for manslaughter he and his solicitor have appealed they appealed in February.of this year 2016 and still not heard anything back was wondering how long it takes to hear that they have accepted his appeal he has not appealed to change the length of sentence he has appealed against the conviction can anyone help me please

debs 15/08/2016 at 9:47 am

my son was given a 12 year life sentence for stabbing his girlfriends ex partner he was in bed asleep when he heard all this commotion he went down stairs and the former partner was hitting his girlfriend the children was hysterical he could not get the man off him and to cut a long story short he picked a knife up off the draining board they both tried to grab it the man already had two knives in his possestion and went to th house to cause harm to his ex partner we believe it was self defence or at the most manslaughter I told my son to plead not guilty because I wanted the story to be told and it was a terrible tragedy and a life has been lost but my son was in bed when are you allowed to protect the people in your home his barrister who was wonderful was very shocked at the result and his appealing for him at no cost my son is the most caring person there his he was even concerned how the victim must feel when he picked his children up the argument was not been about my son it was something she had done with one of his best friends all my son was trying to do was trying to protect the girl and the children

Mee 08/08/2016 at 4:24 am

My Son was givin a life sentence for a robbery which he guuiused a knife but didn't hurt anybody is this right he was 18 at the time his solicitor WAs no good either which didn't help told him too go guilty then after said he shouldn't of as their was so many loop holes

Bali 20/07/2016 at 1:54 pm

I hasn't any conviction or any issue with law at all in UK and I'm living here for over 11 years. All was going well since last year may when I decided to appeal parking ticket which was issue incorrectly. Unfortunately council didn't agree with me and instead I have been visited by three bailiffs, twice n custody, twice in court where in first one I didn't get legal aid(5 application failed) and second I was cleared from all charges bailiff made against me. Third bailiffs visited me exactly 7 hours before the company who employed them has stand in court with me. Of course there is police which I have contacted them on every single occasion but they respond that is civil matter and they cannot do anything but few minutes later they arrive because bailiff called them, coughing me and takes to custody where I still wait for respond from them for corruption. Since the trial was ended in court police has uphold my complain and start investigation of my complain. The third time was the hardest for me braking my mental health and finances. In results of that I landed sleeping in my car and working since end of March this year till today, scared to go to public places, stressed, destroyed... since police start investigate my complain I become more visible for police where for over 10 years living in UK I hasn't have a single stop and check by police. With ongoing stops and searches one morning I was wake up on services station on m25 by two police officers which they said they smell cannabis and make search the car with results of finding some drugs. I was arrested and realise on simple caution. This has caused increase of stops and searches by police officers, 2-3weeks later I was driving o motorway m25 where on the side of the road was stand same police officer who search me at service station and as last time he again smell cannabis and found what he was looking for. Arrested ,blood sample taken and charge made against me, realise by bail and sing in every week on police station. This has escalated attention by police to more stops and searches to even 3-4 times a day.2 weeks later same officer who arrested me twice made third stop and search but this time he didn't found anything and he didn't feel cannabis at all but he was well informed of my complain against police for harassment.case went to court and due to advice by duty solicitor I plead guilty, banned from driving for 12 months and fines £445. Of course this time is well they made mistake in court files, my address was incorrect, detail of police officer who stopped me was untrue and charges against me has been written incorrectly but none of this has been taken to consideration that something is wrong with the case. Court should take my license away but didn't, correspondence is send to different address, my details in DVLA data base are state no conviction and no penalty points and I continue to drive having my licence in my pocket.
I can just say that all Guvarment organisation

Bingosbro 27/06/2016 at 10:02 pm

In July. 2011, I was Charged with ABH and Affray I pleaded guilty to these, My barrister tried to get my ABH reduced to assault, but the CPS pushed and got GBH so I was convicted of GBH, ABH & Affray at Crown court.I was given a 20 month sentence 5 months of which I spent in Prison. My crime was against a single individual. My question is can you commit both ABH & GBH upon the same person at the same time?

Leanne 26/06/2016 at 1:18 pm

Hi I am looking for help regarding my partner he was convicted of conspiracy by a jury back in Feb 2016 after a number of errors from his previours barrister at this moment we have lots of new eveidence and information and loged his Appeal but we are looking for a barrister to help us more as we are not legally trained. The reason we have loged his appeal with out the backing of his past leagl team is we felt we had no trust in them.

CourtroomAdvice Editor 14/06/2016 at 2:33 pm

Due to the nature of your conviction, you would have to seek legal advice regarding this.

JamesV 13/06/2016 at 9:42 pm

In 2007 I was convicted for downloading child images.I pleaded guilty and received a one year sentence suspended for two years plus two years probation and a TVSOP.I also got put on the SOR for 10 years with a SOPO which is until further notice.I am coming up to the 10 year mark but the SOPO will make me carry on signing until it ends.Can I fight this so both my SOPO and signing ends after 10 years? Thank you.

AdorePrincess 08/06/2016 at 2:58 pm

Hi, my partner was given leave to appeal and his hearing is next week at the court of appeal. if he is given a suspended sentence will he be released the same day or have to go back to prison to sign release papers etc?

Justice 07/06/2016 at 9:27 pm

I'm appealing an harassment conviction and I had my mention on Friday. Very odd I calculated 2 days , just a little more than the magistrates case. The CPS said half a day , which struck me as very odd , the judge invited them to apply for a section 36 to prevent me cross examining witnesses, they declined "as we aren't at that stage"

This begs the question is the alleged victim of this harassment case going to not be a witness in the appeal. Could this be possible ? Would this mean his evidence would be disregarded or is there some way to introduce the evidence

Tiffany 04/06/2016 at 6:30 pm

I ex is in prison for the following
1. Assault
2. Assault by beating
3. Criminal damage
4. Breaching a restraining order

He was sentenced to 8 months but I was informed yesterday he will be released on the 21st of August. By then I'll be 17 weeks pregnant can I appeal his release?

Arnold 26/05/2016 at 8:11 am

Need help !
My father criminal has been found not guilty for
Murder my father last year in october ! He said was self defence ! Now he is a free man and leave us the family in pain and scared because the criminal live 10 minutes from
Us ! I am
Not happy because there should be shown
More evidence at the trial ,the main witness who possible see the stab dont even been asked to attend to the trial !? It is very wrong ,my father died in his house by his best friend who dring that night and kill my dad after an argument ! He told police and jury he took the knife and kill my dad because whe knew that my father will kill him ! My father was having a mop in his hands ! How this is possible to lie this way an get believed ? Its a murder not self defence , many people in the house but no one seen the stab so thats why he get away ! People from
The house are lying and i can prove that ! Need help where to go and appeal and make justice for
My dad

Thunder 26/05/2016 at 2:49 am

On the 08/03/16..l pleaded not guilty to harrasment & missing a court date..l was refused a dutie solicitor..
I have no convictions, yet I served 10 wks in Preston prison
Can you help me sue them
Thank you

CourtroomAdvice Editor 24/05/2016 at 12:05 pm

I'm afraid it is very difficult to advise on this because we cannot predict what a court may decide, and also it is beyong our remit to advise on an in-depth question, as we can only give general guidance and advice.

Lee 23/05/2016 at 4:58 pm

Hi,
My son is in Lowdham Prison, he received a 21 year sentence which was 16 years and 5 to run concurrent. His sentence was for GBH , which I think was with intent, I'm not totally sure of the details but he is aware and has documents. His sentence is very long, he was 17 at the time of the offence, which we all believe should have been taken into consideration at the time of sentencing. He has had difficulties with drug and undiagnosed mental health needs. I have paid for a private pychiatrict report for him which states he has a personality disorder. He did try and get help for his mental health before this sentence , only to be told that he would have to wait at least 12 months before he would see someone so he gave up fighting. He also rang the police at one stage and asked them to help him as he felt he was going pychotic and would hurt someone, they just grilled him in the back of the police van and then let him go. As a family we are in total agreement, as is my son, that what he did was wrong. However, we believe that his sentence is excessive and the Trial judge was not aware of his mental health needs at the time. We hope that an appeal judge would look again at the evidence as there is medical evidence of where he had tried to get help. He was in CAMS as a teenager but was not ready to enagage in any options of treatment. So there is evidence of mental health needs but he was advised to not disclose this at the time of the trial, which he now bitterly regrets. I have been reading case law ( R V Levey ( 2012 ) EWCA Crim 657 ) where appeals have been made based on unknow mental health needs at the time of the offence. We just want a fairer sentence. Any advice would be truly appreciated. Many thanks

jasvinder 21/05/2016 at 8:55 am

my son was done for a fury it was about 4 min street fight puches from both parties one was knocked out kicks to head the other party wasn't found they ran off my son and his frd got arested they both got 18 months and yet there was no injury and no hospital name on both parties i feel these's sentaces are too high both men work long hours and do have my son 2012 done for same and January done for common assult I feel I need to apeal he still has his job but needs to be out sooner that he got please give me advice

Appeal Barrister 13/05/2016 at 9:58 pm

Jax, I have sent you an email - I hope you receive it

GHS 13/05/2016 at 6:18 pm

I am a Barrister who specialises in Criminal Appeals in the Court of Appeal. I do a limited number of free appeals (pro bono) in certain cases.

Please look me up at criminal-appeal-expert

I'd be happy to help.

CourtroomAdvice Editor 13/05/2016 at 1:01 pm

I'm afraid we cannot predict this, as is the risk of appealing a sentence. Your boyfriend's solicitor would be able to advise further on what chances of success he/she thinks your partner may have.

CourtroomAdvice Editor 13/05/2016 at 12:29 pm

You would have to contact one which

T 12/05/2016 at 7:25 pm

Hi my boyfriend got a 6 year sentence and do half. It is hopefully going to be appealed as it was very excessive sentence. How common is it that the sentence could be raised longer? Or will the worse case senario be doing the full 6 years?

Jax 12/05/2016 at 5:16 pm

Can GHS appeal barrister get in touch with me asap ... I need your help please

Jax 12/05/2016 at 5:07 pm

Can GHS appeal barrister of criminal appeal expert get in touch with me asap ... I need your help please .

Appeal Barrister 06/05/2016 at 7:33 pm

I can help with criminal appeals - I even do some appeals for free.

Please look me up on criminal-appeal-expert

I can help you.

GHS

CourtroomAdvice Editor 31/03/2016 at 2:19 pm

Your partner's solicitor will be able to advise more fully on this, as it depends upon the circumstances involved.

adoreprincess 30/03/2016 at 10:01 pm

Hi my partner got sentenced to 3 years and 4 months he appealed straight away and his appeal was accepted how long will it now take to get to court as we've been waiting for over 2 months now

justiceplease 29/03/2016 at 10:28 am

My brother was in a mental health hospital, sectioned under the mental Health Act Section 3. He was placed in a secure unit and was not mentally stable at all. He lit a lighter in which bed linen and curtains caught alight, the fire was under control and put out before the fire services arrived. He was taken to the police station and charged by the same hospital that was meant to be helping him. He has pleaded guilty as advised by his solicitor and is due for sentencing in crown court. We wish to ask for more time, given his mental health background. He has suffered mental health for a very long time and has been in and out of the mental health services for many years. CPS has not considered his mental health status before taking the case to crown court. please advise.

Need help? 21/03/2016 at 10:57 am

Hi my partner was convicted 4 months ago after pleading guilty. He was given 2 yrs 10 months. No one mentioned an appeal. Is it too late for us to appeal his sentence after all this time? It was his first offence and he's no threat to anybody.

Pink 20/03/2016 at 1:18 pm

Hi my husband got a 2 year sentence for a serious offence,we have appealed cause out barrister adviced us to,the judge made starting point of sentence too high,also there was a lot of mitigation,and profication,he pleaded guilty very early as well, we have passed the 1st judge of the court of appeal what's the chances of my husband getting a suspended sentence,or getting his sentence reduced by half

gene 17/03/2016 at 5:30 pm

hi my son appealed twice against his sentence which his barristers concidered ecsesssive bur both times they were refused.Can he persue this any further via any other higher court?He was found guilty of a serious offence based on joint enterprise though he played a minor role in the offence.

Imjustamum 05/02/2016 at 8:53 pm

Hi. I want to appeal for my partner as i dont think she got a fair sentencing. How do i go about doing this?

Shelley64 19/01/2016 at 11:46 am

Hi

My husband was found guilty of assault (domestic violence) he was sentenced to pay a massive fine only. Magistrate's Court Case
The police have just informed me that he is appealing the conviction. How would they consider an appeal against domestic violence, as he was found guilty are they implying that he actually wasn't guilty and the bruises didn't exist even though there was police evidence?
What are the implications of this for me?

Spark 12/01/2016 at 5:06 pm

Hi, I was given community service even though I hadn't done anything
Tried to appeal this and judge refused total blank
What can I do
Thanks

Shadowman 07/01/2016 at 8:10 pm

I am appealing a conviction mad at magistrates court in crown court for failing to identify driver. Can my friend represent me. What will happen I'm telling the truth but scared

CourtroomAdvice Editor 06/01/2016 at 2:55 pm

You would have to seek legal advice as it depends upon the circumstances of your conviction etc.

bazza1603 06/01/2016 at 4:24 am

i was convicted in 1993 this has ruined my life hanging over me but i was giving incorrect information at the time i was sixteen young and didnt understand the law can i appeal this

Confused 24/11/2015 at 1:14 pm

I appealed a Child Support Agency Deduction from Earnings Order in the Magistrates Court on the basis that the DEO is against my NHS ill health retirement pension paid due to Disability. The CSA sent a Barrister to the hearing and I represented myself. My appeal was dismissed and the Child Support Agency was awarded £350.00 in costs. I informed the Magistrates at the hearing that I would appeal to a higher court as the case cited by the Barrister was from a similar appeal in 2000 and legislation has changed since then. The Barrister also informed the Magistrates the the Child Support Agency accept that my pension is paid due to disability. The Barrister informed me that I would have to appeal to the Crown Court. Yet when I contacted the County Court they said that I could only appeal via Case Stated or Judicial Review. Well Confused and can't afford legal advice.

DaveF Editor 13/11/2015 at 11:44 am

@bigd - usually judges have a reputation that precedes them and you'll hear rumblings through the courtroom or from others that know his/her reputation, such as your solicitor or in-mates. Another way to find out is to do an internet search on the judge and read what cases he/she has precided over in the past. If they have an unusual name it makes it easier.

bigd 12/11/2015 at 11:53 am

my son is apealling against his sentence.Is it possible to find out how often a judge has been apealed against

j 25/07/2015 at 2:37 pm

I appealed against my conviction and had my conviction overturned.

I am starting my Teacher training and the conviction now appears on my DBS. Is it possible to have the details removed, especially as I do not have a conviction.

Saf 08/06/2015 at 9:39 am

I was convicted of a driving offense shere I had a hire car that was uninsured but to my knowledge as far as I knew I was fully insured on the car, my appeal has been rejected by the crown court. What can I do?

lez 21/05/2015 at 1:11 pm

I was convicted at a magistrates court for criminal damage. I pleaded not guilty.
I was sentenced to 100 hours unpaid work.
I have appealed against my conviction and i have been given a date on which my appeal will be heard.

Do i still have to do the unpaid work even though i have appealed, or has my sentence now suspended?

Thank you

CourtroomAdvice Editor 12/03/2015 at 11:56 am

@julie - I don't understand your question. Has he been working while claiming benefits and been caught out? Or has he been found working illegally? You would have to expand on your question and give more detail, in order for me to give advice.

julie 10/03/2015 at 1:32 pm

My husband was assuced of working as a paper person no wage slips or p60 or p45
what can I do

julie 10/03/2015 at 1:28 pm

My husbanb was accused of working as a paper person the owner singed a statement to say that he had employed me what can i do

bad day 23/01/2015 at 10:38 am

I have a case against my partner. To the police i said that he hit
me that day because i thought it was so, but after hungover and
stress - i was trying hard to remember real accident and
remembered that runing out of the flat i bumped into door frame
with my head. The bruse had stripe mark to when it developed.
How to say to the police
that my statement isnt correct at that point?
I was in such stress that day when i gave statement that i
even dont remember all things.

ilovemykids 22/03/2014 at 9:28 pm

Hi I just wondering if write a letter to judge to say point cross and think I need say that something to beacuse I wont my kids back

nate 10/11/2012 at 11:24 pm

Is one's record expunged if a conviction is quashed by a Crown Court?

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