Crown Court Conviction

[tamii]

Is it possible for a judge to convict some one for 3 years at crown court and refuse the right to appeal the sentence?? my boyfriend got sent down on thursday after we expected a suspended sentence and when my chap mentioned appealing to his solicitor in the cells he said that the judge had stated it was not allowed. Surely this cannot be true? any help appreciated

[fredpuli47]

The defendant has to apply for leave to appeal against the sentence.This is not for the Crown Court judge.. The defendant applies to the Court of Appeal.. This is done by his lawyer submitting a written opinion why the sentence is wrong together with some short, draft grounds of appeal.These are read by 'the single judge', a High Court judge assigned to considering these applications, who rules on them. The single judge is not going to grant leave to appeal if the sentence is within the guidelines for sentencing for such offences unless persuaded that the Crown Court judge missed, or didn't apply enough weight to, some factor which should have been taken into account in that individual's case.It might be that the sentence would be correct in most cases but unjust in this particular one.

[alecmax689]

You can only appeal on a matter of law, i.e there must be something to contest that amounts to more than you just not liking the length of sentence.