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Frequently Asked Questions

When should I appeal my sentence?

Court rules impose time limits on filing an appeal against Sentence. If you are appealing a Sentence imposed in the District Court to the High Court then generally speaking such an appeal should be filed within 28 days of pronouncement of sentence.

Generally speaking, appeals from the High Court to the Court of Appeal or from the District Court to the Court of Appeal should be filed within 28 days. Where there has been a jury trial and sentence pronounced, time runs from the date of sentence. Where there has not been a jury trial, an appeal against sentence from the High Court requires “leave to appeal” (permission from the Court) which must be sought within 21 days.

It is always possible to seek leave to appeal out of time (if you have not filed your appeal within the appropriate time limit) and although the Court can be reasonably flexible in granting leave, it is always preferable to file an appeal within time. Often the Court will critically examine grounds and reasons for not filing an appeal within the time limits and will hold that good grounds and reasons have to exist before granting leave to appeal out of time.

As to the grounds for an appeal against sentence, the appellant is required to show that the sentence is manifestly excessive or inappropriate. You should seek legal advice when considering an appeal against sentence.

 

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