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NanaKaren

Questions re appeals

I have been asked if someone can appeal their sentence once they get out on early release
and also if they would get legal aid to do it?

I don't know the answer to this question.

The person got 6 months in prison will be released in the next week. She says she did not commit the offence but was told by other prisoners if she appealled while in prison she would do longer.
Big Wullie

I am unsure if she is appealing the sentence or conviction.

Chances are she got the maximum 6 months sentence for the crime committed therefore she can get no longer although a Lawyer would be able to confirm this for her.

Once outside it would be very unlikely the courts would pass a bigger sentence.

In any event like you say she is appealing the conviction and not the sentence therefore it is unlikely sentence can be considered.
Big Wullie

If someone wins an appeal against conviction it remains any sentence would be set aside too.
NanaKaren

I believe she is appealling the convcition Wullie.

The only reason she has not done so before now is because she was told she would be in longer if she was appealing.
Big Wullie

Chances are appealing against a 6 months sentence the person would get interim liberation.

There are also time limits to appealing which Lord Carloway is very stringent on.

Having said that there is also avenues for appealing outwith time.

Check with a reputable lawyer.
NanaKaren

ok thanks I will pass this info on
nugnug

Re: Question re Appeal

NanaKaren wrote:
I have been asked if someone can appeal their sentence once they get out on early release
and also if they would get legal aid to do it?

I don't know the answer to this question.

The person got 6 months in prison will be released in the next week. She says she did not commit the offence but was told by other prisoners if she appealled while in prison she would do longer.


im not sure weather this is the law in Scotland. but in England and wales you have to careful of sentence appeals because it is possible the sentence could be increased.
david

information relating to appeal procedures can be found here:


http://www.scotland.gov.uk/About/.../CarlowayReview/AppealsProcedures
Big Wullie

Quote:
8.1.17 The applicant for leave to appeal against conviction requires to request a stated case within one week of the final determination of the case [45]. Thereafter there are a variety of time limits designed to expedite the summary stated case process. The High Court may extend the time periods "as it may think proper" [46] and these applications are normally dealt with on paper by a single judge of the High Court in chambers. There is no appeal to a three judge bench against a refusal to extend a time limit in summary cases [47].


I think the above details is the one which will apply above.

There are time restraints but other avenues to lodge grounds outwith time.

The way lord Carloway operates I do not ever see him allowing a late appeal unless it comes from Crown.

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Sincere thanks to all those who have supported Shirley and challenged miscarriages of justice on this forum.