Any person that has been convicted of a crime or otherwise lost a case in court has the right to appeal the court's decision through a process that involves the court of appeal. Such appeals can be made against sentencing and/or conviction, dependent on any plea agreements that may have occurred in the original proceedings. At this stage in the legal process it is vital to hire a highly experienced barrister for appeal defence cases, to ensure the best possible outcome.
What Will A Barrister Do?
A barrister for appeal defence cases will essentially be your advocate in court and present your case in detail to the judges presiding. At this stage of the case it may involve new evidence that had not been previously presented that could prove crucial to overturning a conviction.
Outside of the court room the barrister will consult with you and your solicitor to first of all advise on the best possible outcomes and approaches to the case. The sooner you get a barrister involved in an appeals case, the better the chances of a positive outcome including an overturn of conviction and decreased sentencing.
How Do You Find A Barrister?
The solicitor that you hired is the best person to reach out and find a barrister for appeal defence, which will involve locating someone with experience in the specific type of court and the type of case in question.
Your solicitor will also be able to handle the negotiation of fees if legal aid is not available. The process can take anything from a few days to weeks in order to find the right barrister for the job with the available capacity to take on the case.
It is also possible to contact barristers directly for initial queries and this can be done directly through the Bar Council.
How Do You Know Which Barrister To Hire?
Your decision on which barrister to hire should be based on a combination of advice from your solicitor and your personal rapport with the barrister. While the latter is important for you personally to better be able to work with the person, their experience, track record and dedication to the case are probably more important.
Best practice is to arrange a short meeting, even by phone, with a short list of barristers recommended by your solicitor. That way you can ensure that whichever one you choose will be qualified for your particular situation.