When you have been tried and found guilty in the United Kingdom for whatever offense it is very important to understand certain things about the criminal appeal process. This process is one that can take a long time and for many there are quite a few misconceptions about how it is conducted. Having a clear picture of what you can and cannot do is important to how you handle your case and whether or not you will succeed should you go forward with one.
The first thing you should know is that the criminal appeal is not about getting a retrial and you will not be reviewing all of the evidence you brought forward reheard again. Instead the appeal is a hearing that allows you to attack the judgment on some legal ground that you feel was an error that happened during your original case. What normally happens in this case usually happens in which the attorneys will produce briefs showing proof that some error happened, and the other attorney will prove that this is not so. Therefore none of the facts of the case will change; you will simply prove that there was some problem that should be addressed during your original trial.
Another thing you should learn is that getting a notice of appeal does not mean that you have received an appeal or that it is too late to file the appeal. The notice of the appeal simply means that the court has decided that it will appeal and that within ten days the appeal needs to be entered. In most cases the appeal will be will be entered from the date your attorney has been hired. However, you should definitely not wait until the ten days to decide if you want to appeal, and gets the process going as soon as possible by talking to an attorney quickly. It is easy to file the appeal and you will want that choice so don’t miss the due date.
Some people also have the misconception that a criminal appeal will be done quickly, however for the most part this process takes a very long time due to the overcrowded condition of the court. In most cases, the process may take a year at the least and could be even longer than that. The process takes a long time as the Judge who must read your appeal is usually very busy and will not be able to get to your case as quickly as you would like.
Lastly keep in mind that your case will be expensive, you will need to be prepared to pay high fees to both the court and to your attorney. It is hard to predict just how much it is going to cost so be sure that the funds are available. If your appeals are denied you will still be responsible for those funds, and subsequent appeals may cost additional monies.
