Quizzes & Puzzles2 mins ago
appeal
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hi do you have to have a solicitor to go appeal court
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No. Are you talking about appealing at the Crown Court?
People have succesfully won at this level whilst representing themselves. I believe justice is more likely to be done at the appeal court, with a fully trained judge present.
I represented myself at magistrates and would never put myself through that again. When all eyes are accusing and you are alone, it is the most daunting and overwhelming experience. I still regret it today and the way I completely clammed up. I should have taken someone, anyone, as a cabbage would have done a better job of it than me. I'm very shy at the best of times so why I thought I'd find a voice is beyond me.
As I said though, many people have lost at magistrates and gone on to crown and won, without solicitors.
If you don't mind me asking did you lose a criminal /civil case based more on balance of probabilities than actual evidence?? Was it a lost case at all or just a general question?
People have succesfully won at this level whilst representing themselves. I believe justice is more likely to be done at the appeal court, with a fully trained judge present.
I represented myself at magistrates and would never put myself through that again. When all eyes are accusing and you are alone, it is the most daunting and overwhelming experience. I still regret it today and the way I completely clammed up. I should have taken someone, anyone, as a cabbage would have done a better job of it than me. I'm very shy at the best of times so why I thought I'd find a voice is beyond me.
As I said though, many people have lost at magistrates and gone on to crown and won, without solicitors.
If you don't mind me asking did you lose a criminal /civil case based more on balance of probabilities than actual evidence?? Was it a lost case at all or just a general question?
So you are appealing from the Magistrates Court to the Crown Court. In that case then, Jedimistress is correct. You don't need a lawyer there.
The case will be a complete rehearing, but instead of being heard by a District Judge (or 3 magistrates) it will be heard by a Circuit Judge and 2 lay magistrates.
You need to lodge your notice of appeal within 21 days of the date of your sentence. If you are appealing conviction only, say so, since that guards against the possibility of your sentence being increased (which a CJ can do, they just tend to stay away from it if you are not appealing sentence as well).
No reason why you can't represent yourself. I am amazed your brief let you down though, I would complain to the solicitor/chambers involved.
The case will be a complete rehearing, but instead of being heard by a District Judge (or 3 magistrates) it will be heard by a Circuit Judge and 2 lay magistrates.
You need to lodge your notice of appeal within 21 days of the date of your sentence. If you are appealing conviction only, say so, since that guards against the possibility of your sentence being increased (which a CJ can do, they just tend to stay away from it if you are not appealing sentence as well).
No reason why you can't represent yourself. I am amazed your brief let you down though, I would complain to the solicitor/chambers involved.
KnickKnack, you can still represent yourself in the Crown. And you don't have to have a barrister, a solicitor with higher rights of audience can also do it.
What sort of offence is it? It may be that you can get legal aid.
In terms of costs, you will most likely be ordered to pay the costs of the Prosecution if you lose. Its impossible to say how much these will be since that depends on the type of case, the level of seriousness and the length of the appeal. I would think you are looking at a minimum of �350.
What sort of offence is it? It may be that you can get legal aid.
In terms of costs, you will most likely be ordered to pay the costs of the Prosecution if you lose. Its impossible to say how much these will be since that depends on the type of case, the level of seriousness and the length of the appeal. I would think you are looking at a minimum of �350.
Knickknack I really feel for you. I think the system is awful the way the magistrates are so often inclined just to believe who is in "authority" without evidence.
In my humble opinion, the problem lies in that the system is weighted. The prosecutors (councils / CPS) have endless resources, (paid for by us) If you want to fight, you have to spend the earth, then you may lose and end up spending more on their costs. It's just a huge gamble which causes many people will refrain from seeking justice. One solicitor told me I would just be throwing good money after bad, and another was more than happy to take �175 per hour.
I chose to take it to court was because the warden was lying through his back teeth and I wanted to prove my innocence. In court all the way through my questioning, his answer was "I cant recall" "I cant recall". And they still believed him!!
Best of luck whatever you choose.
In my humble opinion, the problem lies in that the system is weighted. The prosecutors (councils / CPS) have endless resources, (paid for by us) If you want to fight, you have to spend the earth, then you may lose and end up spending more on their costs. It's just a huge gamble which causes many people will refrain from seeking justice. One solicitor told me I would just be throwing good money after bad, and another was more than happy to take �175 per hour.
I chose to take it to court was because the warden was lying through his back teeth and I wanted to prove my innocence. In court all the way through my questioning, his answer was "I cant recall" "I cant recall". And they still believed him!!
Best of luck whatever you choose.
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