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The Appeal Process Before the Court of Criminal Appeal

5 August 2023

If you or someone you know has been convicted after a jury trial, there is a legal process to appeal the conviction, the sentence, or both. If you need to speak to a solicitor, call Daniel Kreith on 086 076 2191 (24/7).

1. Filing a Notice of Appeal

The first step is to file a Notice of Appeal with the Court of Criminal Appeal, within 10 days of the conviction or sentence. It should set out the grounds, such as a legal error by the trial judge or new evidence coming to light.

2. Preparing for the Appeal

Prepare the case: review the trial transcript, consult legal experts and prepare submissions. Work closely with an experienced criminal appeals solicitor so the case is properly prepared.

3. Hearing the Appeal

The court schedules a hearing where you present your case. It reviews the trial record, reads the submissions and hears arguments from both sides.

4. Decision of the Court

After hearing the arguments, the court decides. It may order a new trial, or your conviction may stand. Note that the court has the power to increase a sentence as well as reduce or overturn it, which is why experienced representation matters.

Conclusion

If you have been convicted in Ireland you have the right to appeal. The process is complex, but a skilled criminal appeals solicitor improves your chances. File the notice of appeal within 10 days and work closely with your solicitor to prepare a strong case.

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