The appeals system is an essential part of the Australian judiciary system. A person has the right to appeal their conviction or sentence on various grounds. If you think you have been wrongly convicted or your punishment is too harsh, the Appeals Court can fairly hear your case and make corrections if required.
The process of making a criminal court appeal can become complex. It would be best if one sought legal advice before going ahead with the appeal. If you are looking for criminal defence lawyers in Australia, you can visit https://criminal-lawyer.com.au.
Why Do You Need a Lawyer for Making a Criminal Court Appeal?
Court Processes Can Be Confusing
As a first time offender going through several court processes can be confusing and overwhelming. There are proceedings to be followed and several forms to be filled. Without proper guidance and knowledge of the system, you might not be prepared for the appeal process and have unrealistic expectations set. A criminal defence lawyer will help you navigate through the complexity of the Australian courts
Know the Type of Appeal You Can Mak
One can make four types of appeals in the Court of Criminal Appeals (CCA):
- Conviction
- Sentence
- All grounds
- Sentence appeal by the prosecutio
As a convicted person, you can make the first three types of appeal.
Conviction: You appeal you should not have been convicted
Sentence: You appeal the sentence given out by the judge was too harsh
All grounds: You appeal against both the conviction and sentence given out
Time Limit
According to law, one must file the Notice of Intention to Appeal 28 days from the date of conviction or sentence. You can ask for an extension of time to file this appeal. Though, granting or refusing the extension is the sole discretion of the Registrar.
The Registrar can allow an extension of up to three months, provided your application is supported with valid reasons. Once the Notice of Intention of Appeal has been filed, you have six months to file the Notice of Appeal along with a document stating the grounds on which the court should grant the applicant’s appeal.
All these processes must be carried out on time to ensure you get a fair hearing at the court. An experienced lawyer will help you through the myriad of operations and provide timely guidance.
Have Experienced Lawyers By Your Side
In the absence of a lawyer, the appeal process could get tricky. You will have to respond to legal arguments made by the prosecutor. Your inability to understand the intricacies of the law could stretch the appeal process and might run the risk of not getting a fair hearing.
With a lawyer by your side, especially those practising exclusively in crime, you could get the best help possible. Experienced lawyers are well aware of the types of appeals to be made, timelines, potential arguments that could arise and how to defend you best.
The criminal court appeal process can get daunting. With the help of qualified and experienced criminal lawyers, you could get suitable legal representation in the court of law.
