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Appealing a magistrate decision now going to Crown Court.. Any info please.

3 replies

JustAskingForAFriend · 19/10/2018 21:13

So NC for this.

A very close friend of mine was found guilty of an assult that was a lie.
He is appealing and had paid 2k to appeal this ( solicitor fee)

Basically he was not given a fair trial and the appointed solicitor wasn't much good. Never presented his evidence, etc.

When he was sentenced (fine and u paid work) the appointed solicitor said no matter what was said that judge finds everyone guilty.

He was totally not in the wrong and has evidence to back this.
So he applied for an Appeal and paid for a solicitor rather than an appointed one.

I'm aware this takes a while to go through. When will the witness/victim find out he's appealed.?
Will it be straight away or will it be when he recieves a court date.?

He's aware he will have a barrister too. How does the whole process work?

OP posts:
Jack65 · 19/10/2018 21:21

This is the type of question for which he is paying a solicitor to answer.

JustAskingForAFriend · 19/10/2018 22:26

Yes but it's Friday evening and he has questions going round in his head. He has emailed the solicitor but obviously won't get a response until Monday. It was a curiosity more than anything.

OP posts:
CabinFever674 · 20/10/2018 09:05

Agreed that the solicitor will go through things but I'll try to answer in brief terms. The solicitor will instruct the barrister (your friend can request a particular one or they will choose someone appropriate) and arrange a conference.

The court will list the matter for mention to fix the appeal. The CPS should contact the complainant ahead of that for availability.

Just FYI - I'm assuming your friend was not eligible for legal aid and didn't instruct anyone for the magistrates court. If so the appointed solicitor was only there to cross examine the complainant and wasn't "being paid" to put your friends case as well.

Hopefully your friend will feel that his case is put properly in the crown court.

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