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reviving an abandoned crown court appeal

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Re: reviving an abandoned crown court appeal

Postby atticus » Wed Feb 01, 2017 10:13 pm

This is one for specialists.

Abandoning the appeal does not apoear at all helpful, and may need a seriously good explanation.
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Re: reviving an abandoned crown court appeal

Postby Mrs Forgetful » Thu Feb 02, 2017 11:47 am

It would depend on why the appeal was abandoned. In the High courts you can apply to have the abandonment treated as a "nullity". Not sure what happens in appeals from Mag to Crown though....

I suppose you could make enquiries in the convicting Mag court and go from there.
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Re: reviving an abandoned crown court appeal

Postby Maz JP » Thu Feb 02, 2017 4:31 pm

I sit on Crown Court appeals, and have to say that if one is lodged too late (never mind abandoned) we tend not to be too sympathetic unless there are excellent reasons (being forgetful would not be one of them!).
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Re: reviving an abandoned crown court appeal

Postby Mrs Forgetful » Thu Feb 02, 2017 5:20 pm

In the high courts, as you know, you have to provide some sort of chronology to explain the reason why the application is "out of time".

Sometimes a family will say to me: "I'm not in the right frame of mind at the moment, as I am still in shock. I'll come back to you in a few months".

I'm sure they don't believe me what I tell that that the SJ would not accept that as a valid reason for the lateness of the application.
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Re: reviving an abandoned crown court appeal

Postby Maz JP » Thu Feb 02, 2017 6:41 pm

Mrs Forgetful wrote:In the high courts, as you know, you have to provide some sort of chronology to explain the reason why the application is "out of time".

Sometimes a family will say to me: "I'm not in the right frame of mind at the moment, as I am still in shock. I'll come back to you in a few months".

Tough. How long are we meant to wait before they decide that they are ready to appeal?

Behind my thinking is the very sure experience that for many who are not defendants a Crown Court appeal can be a wearing and distressing happening. They did their bit, they gave evidence and now they have to go through it all again. I have seen victims of assault - who thought it was all over - shaking in the box as yet again they have to live through an experience that they tried to put behind them over a year ago (for that is generally the time frame, given how long cases take to get to court in the first place).

Obviously the right to appeal matters and is important; as we all know the courts don't always get it right. But let's not forget the rights of the (proven) victims as well. And let's not allow interminable delays for inadequate reasons; everyone matters in an appeal.
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Re: reviving an abandoned crown court appeal

Postby Mrs Forgetful » Fri Feb 03, 2017 10:12 am

Well, exactly Maz JP. I have to wonder why some who "aren't ready" don't want to jump on it immediately. Most do......
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