Appeal Hearing

[sad person 6]

Hello
Has anyone been to a appeal hearing?
Could you tell me what to expect?
Is it just the barriester and prosecutor that do the talking
Any info would be welcome
Thanks
Sad

[Ashley]

I am assuming that you are talking about a Full Hearing, i.e. that leave to appeal has been granted by the Single Judge, in which case the appeal is heard by 3 appeal judges. They will have read Counsel's skeleton arguments and what is known as the 'perfected grounds of appeal', which are submitted by Defence Counsel. Similarly, prosecuting Counsel will have submitted his/her arguments against the point or points of appeal.

As a minimum the Court will comprise of the 3 judges, Defence and Prosecuting Barristers, who will likely be QC's. they will have a junior with them, Defence Counsel will have his instructing solicitor and a CPS solicitor will assist the Prosecution. The appellant has a right to attend even if he/she is in custody. There is of course a public gallery.

Most appeals are argued on a point of law or some flaw in the original trial. In which case this is done by the Barristers, Defence will argue his case and his opponent will have the opportunity to oppose the argument. Do be aware that even if the Court find that something went wrong in the original trial process it does not necessarily follow that the conviction will be quashed, they have to decide whether that flaw, in all the circumstances, renders the conviction unsafe. Even if it does the possibility of a re-trial is a very real one.

Other appeals are based on fresh evidence, in which case the court will hear from the witness and just like the trial, prosecuting Counsel can challenge that witness and bring evidence in rebuttal. In which case the judges will weigh up the strength or otherwise of the evidence they hear. Again, they could wholly accept the defence evidence but not accept that in the circumstances as a whole the conviction is unsafe.

The appeal judges often give their decision pretty much straight away but in some circumstances defer it to a later date.

If you are asking does the appeallant get an opportunity to speak, the answer is no.

Hope this is of some help to you.

[sad person 6]

Would anyone no if the appeal is dismissed will my brother go back to the prison he came from
Thanks
sad

[geraldine]

Hello

Sorry, i dont know the answer to your question, but I remembered when i was walking to work this morning that your appeal hearing is today isnt it??

Good Luck, and keep us informed.

Geraldine x x

[sad person 6]

Its tomorrow the 3/2/06,i am so worried for my brother i wish i could hug him
Thanks
Sad

[Guest]

Has anyone heard from Sad Person regarding her brother and his Appeal! I'm hoping no news is good news - Jools

[sad person 6]

no it was dismissed.
we are now looking into the ccr
sad