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Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.
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Unfortunately no, criminal defendants generally can't appeal "lawful" sentences. But a defendant can appeal a sentence if it's illegal, unconstitutional, or unreasonably excessive For example, if a judge imposes a sentence that exceeds the maximum punishment allowed for the crime in question, an appeals court would have the power to correct the sentence.
However, if the defendant didn't notify the sentencing judge of an illegal sentence, the appellate court cannot review it. (The way the defense is supposed to notify the trial court—for example, by a petition for review of the sentence—depends on the jurisdiction.)
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Good morning, if grounds of appeal are present and identified, a solicitor will complete the relevant forms (Form NG) and will submit all the paperwork to the criminal division of the Court of Appeal.
A Crown Court appeal application usually has to be submitted within 28 days after the date of conviction or sentence. There are exceptions to this rule where a request can be made for the Court of Appeal to allow an appeal ‘out of time’. This type of application must be justified and the full reasons why the application is out of time must be explained.
Quashed convictions and reduced sentences when people have received negative advice from their trial representatives are common. However, it is strongly recommended that you instruct a local solicitor is sought before lodging any appeal.
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