An appeal to the County Court from the sentence of a Magistrate is known as a Sentence Appeal.
It is initiated by signing Appeal papers at the Criminal Registry office of the Magistrates Court.
The appeal notice must be filed within 28 days of the hearing appealed from.
The Sentence Appeal is heard in the County Court as hearing de novo. Which means that it is heard again with the evidence of the witnesses being heard and them being subject to cross-examination.
It is often a good procedure to get a CD of the hearing where the sentence was imposed so that the Appeal lawyer can get a transcript of what was said by witnesses in the Magistrates Court. This needs to be done quickly as the Court only holds the recordings for a certain period of time. Also the transcribing of the CDs can be a fairly expensive and time consuming process.
On an appeal you can provide the Judge with new material so it is important to be organised and to try to get all the important information about your case to the Judge hearing the appeal.
At the end of the appeal the County Court Judge can set aside the decision of the Magistrate and dismiss the charges and/or impose their own sentence or they can dismiss the appeal.
We are extremely experienced Appeals Lawyers. We have a huge experience in handling County Court appeals. If you need advice or representation in an appeal phone us today. Nothing beats experience in handling Appeal Cases.