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The Appeal process before the Court of Criminal Appeal

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If you or someone you know has been convicted of a criminal offence after a Jury Trial, it’s important to understand that there is a legal process in place to appeal the conviction and/or the sentence handed down by the Court. If you wish to challenge your conviction, you will need to follow the appropriate procedures.

If you need to speak to a solicitor, immediately call Daniel Kreith, Solicitor on (086) 076 2191 (24/7 contact number).

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 10 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.

It’s worth noting that the Court of Criminal Appeal has the power to increase your sentence, as well as to decrease it or overturn it altogether. This is why it’s crucial to work with an experienced criminal appeals solicitor who can help you navigate the appeals process and present your case in the strongest possible light.

Conclusion

If you have been convicted of a criminal offence in Ireland, you have the right to appeal your conviction. The appeals process before the Court of Criminal Appeal can be complex, but with the help of a skilled criminal appeals solicitor, you can increase your chances of success. Remember to file your notice of appeal within 10 days of your conviction or sentence, and to work closely with your solicitor to prepare a strong case for the court to consider.

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