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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi Ive had an unsatisfactory result from a Rolled up JR I

Resolved Question:

Hi I've had an unsatisfactory result from a Rolled up JR I was given permission to seek a JR of the Sentence which was agreed as unlawful and quashed. I would like to consider progress to JR the actual conviction, as I believe that the Judge was erroneous on several levels, am I able to do this,? Or is their a higher court I can apply to ? Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help with this

Alex Watts :

A Judicial Review is dealt with by a High Court Judge.

Alex Watts :

As such a Judicial Review appeal can only be dealt with by a Judge from the Court of Appeal

Alex Watts :

You therefore need to seek leave to appeal to the Court of Appeal

Alex Watts :

You must do this within 21 days of the decision of JR

Alex Watts :

Outside 21 days you need permission to appeal to the Court of appeal.

Alex Watts :

This is an appeal out of time

Alex Watts :

If the permission to appeal is rejected, that is the end of the claim. You can not seek a higher courts permission

Alex Watts :

Therefore you need to appeal to the Court of Appeal and if the matter is rejected that is the end of the legal route

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Hi thanks for this it is very helpful, To clarify ten Rolled up JR was to consider the Sentence. ( in essence it only considered the common Assault and did not consider the 7 days I go for £90.00 of Criminal Damage ( which is off the scale I. Terms of appropriate sentencing in my circumstances )
Alex Watts :

Yes. I see what you are saying

Alex Watts :

The process for JR is outlined above and very strict

Customer: however Does this mean that I can still seek a JR of the full conviction if I can get Legal aid ( I might do it myself) I understand that if the JR of the conviction is held and fails a re trial can be ordered., but I am prepared for that
Alex Watts :

There is no retrial. The conviction will either stand or be squashed.

Alex Watts :

Can I clarify anything else for you?

Customer: Hi thanks again, can I clarify that the permission granted to seek JR was granted at the sent
Alex Watts :

You need permission to appeal this decision, not for JR

Alex Watts :

You disagree with the JR outcome and therefore need permission to appeal that decision

Alex Watts :

Does that help?

Customer: H thanks. Again, can I clarify that the permission granted for the JR granted at the hearing was only for the Rolled Up Hearing, ? Or does that permission extend to permission to seek a JR of the Conviction as well?
Alex Watts :

The JR is for whatever the review was to do, whether that was for a rolled up hearing or seek to say that the conviction below as wrong

Alex Watts :

So whatever the permission was for that is what the JR was about

Alex Watts :

If you disagree with the JR decision then you need to seek leave to appeal that decision, ie the original JR decision

Alex Watts :

Does that clarify?

Customer: So in that case I need to apply for permission out of time to seek a JR of the conviction? As the conviction was on the 30th May..
Customer: My Barrister attended a bail application but it failed as they did not have the PSR or sentencing statement produced by me.. Had that bail application been successful, would I have then been able to seek a JR of the conviction in time
Alex Watts :

Do you mean JR or appeal conviction of the original decision?

Customer: The Original Conviction I understand I have three months
Alex Watts :

So what was the JR for?

Customer: Sentence
Alex Watts :

So you were appealing the sentence, not seeking a JR?

Customer: Originally I appealed the Conviction and sentence but it went badly and I was sent down for six months, the bail application failed but Mr Ousley ordered a rolled up hearing to consider the legality of the sentence which was subsequently quashed. there are issues around the available evidence to Mr Ousley and Judge Eily for them to base their decision on which I would like to appeal ( out of time I understand)
Alex Watts :

So this latest hearing was that an APPEAL or JR?

Customer: I would still like to JR the full conviction separately if I can I'm also seeking a JR of the Prison Lack of considering my Disability under the DDA and the fact that they released me three days later bit that's a separate matter entirely.
Alex Watts :

Well JR the prison is an entirely seperate matter.

Alex Watts :

If you want to appeal the JR then I have given you the route.

Alex Watts :

If the JR was heard in the High Court then you need permission from the Court of Appeal

Alex Watts :

Does that clarify?

Customer: It does thank you very much for your time .
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