Criminal Department

We have an expert Criminal Defence team who are experienced in Court appeals. The Criminal Justice System does not always get it right first time, and we appreciate that this can be a distressing time for you and those closest to you. Our team offer honest and efficient advice throughout your case.  

If you have appeared in court and disagree with the outcome, you may have the right to appeal against that decision. Our team have vast experience in dealing with all varieties of appeal and are on hand to assist you with your appeal; even if we did not represent you at the original hearing.

It is vital that you call us as soon as possible to arrange an appointment and we can discuss your individual circumstances.

Free Initial Telephone Options Appointment

We provide a free initial telephone options appointment to see how we can assist in your circumstances. Please call 0330 333 2613 for a no obligation, initial discussion or email enquiries@elliotmather.co.uk and we will call you back.

Appeals from the Magistrates’ Court

If your case was dealt with in the Magistrates’ Court and you do not agree with the outcome, you may have a case to appeal the decision.

This can be done in a variety of ways. If you have been sentenced and think the sentence is too harsh, you may be able to challenge this sentence in the Crown Court. Likewise, if you were convicted in the magistrates’ court, you may have a case to challenge your conviction either with an appeal in the Crown Court (which is essentially a retrial) or in the High Court (where the legal process in the magistrates’ court is challenged).

It is important to note that there are strict time limits in place for appeals so taking advice as soon as possible is essential.

Appeals from the Crown Court

If you appeared before the Crown Court and disagree with the decision, you may have the right to appeal to the Court of Appeal (Criminal Division).

It is the responsibility of your representative to advise you about your right to appeal following the outcome of your case as strict time limits apply. If you were represented by one of our in-house Advocates or approved barristers, we will always advise you about an appeal and discuss your options well within the time limit.

There are a number of reasons as to why you may disagree with the decision of the Crown Court, such as:

• You feel your sentence was too harsh: If you feel that your sentence was too harsh, it may be possible to seek leave to appeal to the Court of Appeal to have the sentence reduced. The Court of Appeal will either allow the appeal (reduce the sentence) or refuse the appeal (leave the sentence alone). The Court of Appeal cannot increase the sentence but they can order that time spent in custody as an appellant does not count although this is only normally done in meritless cases.
• You believe something went wrong during the trial process: In some cases, something can go wrong in the trial process and you may feel that is why you were found guilty. Maybe the jury were given the wrong direction, maybe the judge got the law wrong or possibly, there is some new evidence. In these cases, you may have a right to appeal against your conviction on the grounds that it was unsafe. If you were represented by one or our in-house Advocates or approved barristers, we will always advise you about your options if this situation arises.

If you were represented by another firm, it may still be possible to assist you with an appeal. Contact our Crown Court team for more advice.

Funding

You may be entitled to free initial legal advice and representation under Legal Aid. Speak to us today to find out more.

We can also act on a private paying basis for appeals.

How we can help

At Elliot Mather, our dedicated Criminal Appeal team offer friendly and professional advice. We understand that going through Court Proceedings is distressing for all concerned. Our team are experienced in defending a range of serious crimes, ensuring our clients receive clear and straightforward advice throughout the entirety of their case.

Location

Our Solicitors are able to provide expert advice across the country with a network of offices based in: Chesterfield, Nottingham, Mansfield and Derby.

How to get in contact

Our team are on hand to help you and can assist wherever you are based. Please call us on 0330 333 2613 for a no-obligation, initial discussion or email enquiries@elliotmather.co.uk and we will call or email you back.