appeal against sentence

[kskc]

hello, my husband had his trial in may while one charge was dropped against him and a plea bargain was taken, he received 3years and six months, his barrister is appealing the sentence because she said for what he has been accused of the sentence given by the judge is too much.
i understand there is a 28day deadline from date of conviction to lodge the appeal, but apart from that how long will things take before we hear anything and can anyone tell me what the process is?
what will happen now? will there be another hearing?
just can anyone tell me how the appeal process works?

thank you.

[Rights Fighter]

Barrister should send your partner a written Advice on Appeal. He or she should then send it to CA (via convicting Crown court) in order to get it lodged.

It could take several weeks or even months to be heard with no guarantee that it will succeed.

Is there an order for him to be deported after his sentence is served?

[kskc]

hi RF, long time! how are you? thanks for your speedy reply.
hubby's barristers have already done the paperwork for his appeal. he told me today he's received a letter from either his barrister or the court (i wasn't sure as his credit ran out before he could tell me much!) telling him that the court have received all the paperwork for the appeal and it will appear before a judge?? i don't know something like that.
is that what usually happens? if the appeal will appear before a judge can i be present? will hubby be there?
isn't there some sort of time limit for appeals? i feel like i'm on death row or something, just waiting for our fate to be decided.

we haven't heard anything from the home office, thankfully. but i'm told by my immigration solicitor they will contact us when it is time, usually after hubby has finished his sentence. so that's the cherry on top of the hell that i'm going through right now. it never ends.

x

[Saffron]

Hi
Sorry to hear of your struggles at the moment. Just wanted to say that I wish you all the best for the appeal.
Saffron

[Rights Fighter]

The application for leave to appeal the sentence will go before a single judge (in chambers) - if he/she gives leave to appeal it will then go to the full court (two or three judges).

If SJ does not give leave to appeal then unless you have enough money to pay the barrister to take it for a "leave to appeal hearing" then it will stay as it is. If your barrister is a nice person who feels the appeal application should have been given then they might appear "pro bono" (no win no fee).

[kskc]

saffron, that's really nice of you, thank you.

RF- thank you also that is incredibly helpful. i'm seeing hubby tomorrow so will be able to let him know. he's just found out it might take up to 8 weeks until we hear anything. doesn't stop me from losing my mind!

[Rights Fighter]

I lost my mind many moons ago so you are in good company!

I forgot to say that on rare occasions SJ (Single Judge) hearings are actually held in the open court (at CA in London) but that is, as stated, very rare indeed.

You have my email address if you get too distressed.