Making an appeal involves providing an argument that a decision or sentence handed down by a judge should be revised, revoked, removed or reduced. You will need legal representation when making appeals, so contact Vanessa Ash.

     Magistrate’s Court and Children’s Court Appeals
Decisions handed down by a Magistrate can be appealed against a sentence or conviction in the County Court (read about the different courts here). Appeals result in a new hearing. When appeals are made against prison sentences, bail applications can also be made at that time.

Occasionally an appeal can be made from the Magistrate’s Court to the Supreme Court on a point of law.

     County Court and Supreme Court Appeals
Any decisions handed down by the County and Supreme Courts can be appealed in the Court of Appeal in some circumstances. These sorts of appeals are only heard in a new hearing if the Court of Appeal orders a retrial.

Applications can be made only to the Court of Appeal if the Court allows it.

     The Court of Appeal can grant permission (‘leave’) to appeal a conviction under the following circumstances:

• The jury’s verdict was unreasonable and wasn’t supported by the evidence.
• An error occurred that has lead to a substantial miscarriage of justice.
• Another reason resulting in a substantial miscarriage of justice.

     The Court of Appeal is able to grant permissions to appeal a sentence if:

• The trial judge made an error of fact or law.
• The trial judge took into account an irrelevant consideration.
• The trial judge didn’t take into account an irrelevant consideration.
• The sentence was manifestly excessive.

You need expert legal assistance to make an application to the Court of Appeal – call Vanessa Ash for advice.