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In recent years, many people try to knock the door of the Court to get justice when they are put behind the jail because of being wrongly convicted of crimes for which they have already spent many years in prison.
Australia has its own sampling of known wrongful convictions and if you are the victim of injustice, do not suffer in the jail. Instead, stand up for justice and think about re-appealing your case for justice. All Australians have the right under the law to seek justice.
Well, this right can mean little if you cannot exercise it because you can’t get the help you need and you are put behind the bars. But in reality, justice is possible. In this regard, you must contact the best criminal defence lawyer.
Criminal defence lawyers will hear your side of the story and help you in all possible manners to get justice and take you out from the jail with the help of a criminal appeal.
What is a criminal appeal?
A criminal appeal means you are requesting the Supreme Court to review your conviction or your sentence, or both once again. To make the appeal, you need to explain all the reasons why you want the conviction or sentence to be reviewed.
Here, the best criminal defence lawyer can help in making the appeal in the most convincing manner, highlighting all the reasons behind your request.
The Supreme Court (Court of Appeal) Rules 2005 (WA) has set out the procedure for appeals. Criminal appeals proceed is very similar to civil appeals under the Rules.
Under section 39 of the Acts Amendment (Court of Appeal) Act 2004 (WA), any reference in legislation or rules which refer to the “Full Court” or the “Court of Criminal Appeal” is read as if it had been amended to “Court of Appeal”.
Apart from the Supreme Court (Court of Appeal) Rules 2005 (WA), the Supreme Court (Court of Appeal) Amendment Rules 2017 (WA) which came into effect on 5 September 2017 also reflect the practices which have been adopted over the years by the Court of Appeal.
Criminal lawyers in Perth are aware of these rules expected by the Court when a criminal appeal is made.
When can you appeal for your conviction or sentence?
According to Australian law, one simply cannot just appeal to the Supreme Court because one thinks the conviction or sentence was unfair. To win a criminal appeal, you need to show a ground of appeal that is accepted by law. Here, legal advice from criminal defence lawyers about the ground of appeal is highly recommended. The best criminal defence lawyer is aware of the criminal laws and on what ground you can apply for the criminal appeal.
What are the time limits for appealing a conviction or sentence?
In Western Australia, a criminal appeal against a Magistrates Court decision must be made within 28 days of the date of the decision or sentencing.
On the other hand, a criminal appeal against a decision of the District Court or Supreme Court must be made within 21 days of the date of the decision or sentencing.
In case, you are re-appealing your case late, you will need to ask the Supreme Court to let you lodge your appeal outside of time. This is why, to avoid trouble and ensure smooth procedure, consult the best criminal lawyer as soon as you are convicted wrongly.
How to file an appeal in court?
Before you decide to file an appeal in the Court, you need to have substantial reasons to ensure you can get additional relief from the court.
Here criminal defence lawyers can discuss and analyse the case in details and find out all possible directions in which the case can be steered. They can help prepare the substantial grounds in support of your appeal case to increase your chances of getting justice this time.
To re-appeal your case, a Notice of Appeal (Form 20) will be required. An Application in an Appeal (Form 21) supported by affidavit should be used to make an application relating to a current appeal or to seek an extension of time to appeal.
The best criminal lawyer will help file your appeal in a higher court to reduce the sentence or even overturn the entire conviction.
After reviewing and taking into careful consideration all the facts and pieces of evidence presented in court, a final decision will be made by the Court.
Whether you need advice regarding a criminal case or re-appeal a case, contact Criminal Defence Lawyers Perth. Here you can find a team of best criminal appeal lawyers who can understand your case and assist you with the process of filing an appeal in court.
Contact Criminal Defence Lawyers Perth today!