Appeals of criminal convictions play a vital role in upholding the principles of justice, offering an avenue for individuals to challenge their convictions or sentences. In Ireland, individuals facing such situations may find themselves in need of legal guidance to navigate the complex process of appeals. At Daniel Kreith & Company Solicitors, we understand the importance of quality legal representation and the need for a fair and just legal system. In this article, we will explain the appeals process in criminal cases, providing valuable information to those seeking justice and emphasising how our law firm can assist you or your loved one every step of the way. (1)
Understanding the Appeal Process
Here is a breakdown of the appeal process before the Court of Criminal Appeal in Ireland:
1. Filing a Notice of Appeal: The first step in appealing a criminal conviction is to file a Notice of Appeal with the Court of Criminal Appeal. This must be done within 28 days of the date of conviction or sentence. The Notice of Appeal should outline the grounds on which you are appealing, such as a claim that the trial judge made a legal error or that new evidence has come to light.
2. Preparing for the Appeal: Once the notice of appeal has been filed, you will need to prepare your case. This may involve reviewing the trial transcript, consulting with legal experts, and preparing submissions. It’s important to work closely with an experienced criminal appeals solicitor during this process to ensure that your case is properly prepared.
3. Hearing the Appeal: The Court of Criminal Appeal will schedule a hearing for your appeal, during which you will have the opportunity to present your case. The court will review the trial record, read the submissions filed and will hear arguments from both sides.
4. Decision of the court: After hearing the arguments, the Court of Criminal Appeal will make a decision regarding your appeal. If the court agrees with your arguments, it may order a new trial. If the court does not find in your favour, your conviction will stand. (2)
Grounds for Appeal:
A strong appeal rests on solid grounds, which may include:
- Procedural irregularities: If the defendant believes that errors occurred during the trial process, such as improperly obtained evidence or procedural misconduct, they can present these concerns during the appeal.
- Legal errors: If there were mistakes made in interpreting or applying the law during the trial, these errors can form the basis of an appeal.
- New evidence: In some cases, new evidence may come to light after the trial that could have a significant impact on the case. This evidence can be presented during the appeal process.
At our law firm, we specialise in providing quality legal representation to individuals facing charges for or having been convicted in relation to a sexual offence, including rape, sexual assault or a sexual offence involving a child. Our team understand the intricacies of the legal system and will guide you through every stage of the appeal process, ensuring that your rights are protected, and your case receives the attention it deserves. Here are a few ways we can assist you:
- a) Case evaluation: We will thoroughly evaluate your case, examining the trial records and identifying potential grounds for appeal. We will provide an honest assessment of your chances of success and guide you through the available legal options.
- b) Formulating strong legal arguments: Building a compelling case requires a deep understanding of the law and persuasive legal arguments. Our team will diligently research and construct powerful legal submissions tailored to your specific circumstances, highlighting any errors or inconsistencies that may have occurred during the original trial.
- c) Presenting new evidence: If new evidence has emerged that could significantly impact your case, our team will help you gather and present it effectively during the appeal process. We understand the importance of presenting a comprehensive and compelling case to maximise your chances of success.
- d) Navigating the Court of Criminal Appeal: The appeals process can be intricate and overwhelming, with specific rules and procedures that must be followed. Our team has extensive experience navigating the appellate courts and will guide you through each step, ensuring that all necessary documents and submissions are prepared and filed accurately and on time.
Lodging an Appeal to a conviction for a sexual offence can be an overwhelming and challenging experience. However, with the right legal representation, you can ensure that your case receives the attention it deserves, and your rights are protected throughout the process. At Daniel Kreith & Company Solicitors, we are dedicated to providing quality legal representation and guidance to those involved in cases relating to sexual offences.