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Appeals from a struggling wife

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  • #1

    Appeals from a struggling wife

    Hi I'm very new to this site and this is my first post I've started I'm after some help and advice on appealing a conviction.
    My husband has been sentenced to 13 years for something he didn't do. I am looking to appeal but I have been told that if unsuccessful it could add more time to his sentence. I'm really scared as I can't sit back and do nothing but on the other hand I don't want extra time added.
    Also why do they put pressure on people in a vulnerable position to admit to something they haven't done. My husband is having that done yo him, if he admits to it they may move him to a close prison and he would be eligible for release on licence at the halfway point but if he keeps saying he's innocent (which I'm 110% certain he is) they may move him over 6 hours away and keep him in for the full term. How is this fair my two boys are missing their dad they are not allowed to see him yet. Dos anyone gave any information on this as we are both just torn in all directions as to what to do for the best.
    I'm sorry for the rambling but I'm at the end of my tether at the moment I keep having panic attacks which I've never suffered from before and trying to work, keep the house sort the kids out and pay the bills as well as visiting my husband which is a 8 hour round trip plus the visit in between I'm really struggling.
    This site has helped me so I thank you for that.
    Last edited by Megane2015; 4 May 2015, 08:20 AM.
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  • #2
    Try to stay strong. I'm under the cloud of a false allegation at the moment, and it's tough to deal with. I don't know how I'd cope if I ended up in prison for something I didn't do, but hopefully it won't get that far.

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    • #3
      hi

      Originally posted by Megane2015 View Post
      Hi I'm very new to this site and this is my first post I've started I'm after some help and advice on appealing a conviction.
      My husband has been sentenced to 13 years for something he didn't do. I am looking to appeal but I have been told that if unsuccessful it could add more time to his sentence. I'm really scared as I can't sit back and do nothing but on the other hand I don't want extra time added.
      Also why do they put pressure on people in a vulnerable position to admit to something they haven't done. My husband is having that done yo him, if he admits to it they may move him to a close prison and he would be eligible for release on licence at the halfway point but if he keeps saying he's innocent (which I'm 110% certain he is) they may move him over 6 hours away and keep him in for the full term. How is this fair my two boys are missing their dad they are not allowed to see him yet. Dos anyone gave any information on this as we are both just torn in all directions as to what to do for the best.
      I'm sorry for the rambling but I'm at the end of my tether at the moment I keep having panic attacks which I've never suffered from before and trying to work, keep the house sort the kids out and pay the bills as well as visiting my husband which is a 8 hour round trip plus the visit in between I'm really struggling.
      This site has helped me so I thank you for that.
      Hi Megane, wish I could help, Rf's probably your best bet, she knows a lot about procedures. They don't seem to like it when people persist in their innocence- they tried to charge Ched Evans's girlfriend's dad when he started a petition for contempt of court. Never apologise for rambling! Better than others, we all know that feeling on this site!

      What a terrible position to be in! I wish I could advise you, stay strong though you'll get the right advice here I'm sure. Can you pm yet?

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      • #4
        An attempt to appeal does not mean that the sentence will automatically be added to.

        Once an application is made it first goes to the Single Judge. He or she decides whether to grant Leave to Appeal.

        If he / she refuses to grant leave, they might (or might not) tick a box that, should the application proceed to a renewed grounds hearing before the full court (two or three judges), if it is decided that the application is frivolous and totally without merit the judges at the hearing (renewed grounds) might add time to the sentence. The maximum would be for as long as he's been an appellant - ie - from when the application was lodged, up until the day of the hearing.

        A barrister I liaise with said it is rare that they will add on all that time (since the appeal was lodged up to the hearing) but in his experience he's heard of cases where the applicant has had two to four weeks added on.

        Usually though, even when the box is ticked by the SJ, it is unusual for the full court to add extra time in any event, the grounds have to be so awful (usually done by the applicant himself or a family member) for them to do that.

        Those appeals that are lodged by counsel are unlikely to be so frivolous that the court would add any time at all, despite the SJ ticking the box.
        People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

        PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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