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Words: | Submitted: Wed Nov 10 2004
... will explain the different routes and in what scenario each route would be taken. The two routes of appeal are to the Crown court or the Queens Bench Divisional Court. Appeal through the Crown court is the normal route of appeal in most cases and is only available to the defence. However, the defendant can only appeal against conviction if s/he pleaded not guilty when being tried. Should the defendant plead not guilty and be convicted then the appeal can be against both conviction and/or sentence. In turn pleading guilty before being tried withdraws the defendants' right to appeal against conviction; the right to appeal against sentence remains. In all cases mentioned the defendant has an automatic right to appeal and does not require leave in order to carry out the appeal against the relevant decision be it conviction or sentence. Should a defendant appeal at the Crown court his/her case ...
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