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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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If the first appeal judge turns down appeals on both conviction

Customer Question

If the first appeal judge turns down appeals on both conviction and sentence, in a criminal case, and the appellant procedes to the high court of appeal. Legal aid is no longer available but if the conviction is declined again but the sentence is reduced, even marginally, are any of the legal costs spent, in order to get to this, refunded? We are aware that legal aid would be reintroduced if a retrial was issued, but are any funds paid awarded back to the appellant if the sentence is reduced?
Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Costs are awarded at the discretion of the Court.

They are not granted as of right.

If you further appeal then the Judge can award full or part costs.

Bearing in mind that the substantive appeal, conviction is refused and the sentence is only slightly reduced, you may be entitled to a portion of costs, say 10%.

But you wont be entitled to them all. Costs are not a right, but only at the discretion of the Judge.

I hope this helps.



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Expert:  UK-Justice replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 4 years ago.

sorry for the delay in replying. Thank you yes it did set our mind at ease a little, although we do not hold out much hope! We are still worrying about the likelihood of a possible "loss of time order" that may be given by the second appeal judges if the appeal is denied in full. I cannot find any statistics as to how often they are served!!??


Nicola

Expert:  UK-Justice replied 4 years ago.
It really depends on the judge.......