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An appeal is a process whereby a case is transferred from a lower court to a higher court in order to examine a judgment for possible errors. In Glasgow, Scotland, the Court of Session acts as the highest civil appeal court, with the Sheriff Appeal Court hearing appeals from the Sheriff Courts and Justice of the Peace Courts. An Appeal can be made against conviction, sentence or both, something that is usually pursued when all other legal routes have been exhausted.
There are a number of instances where you may require a lawyer for an appeal. In some cases, you might believe the judgement was wrong due to a mistake made during the trial or due to a misinterpretation of the law. Alternately, you might be under the impression that new evidence has come to light post-trial which could have changed the outcome of your case or verdict. In these situations, navigating the complex legal processes of appeal can be challenging and a competent lawyer will be essential in articulating your case effectively and correctly.
In Scotland, making an appeal generally requires grounds of appeal that provide a basis on which the decision could be appealed. The grounds of appeal must be stated clearly and concisely. Additionally, there may be set deadlines within which an appellant has to make an appeal, typically within 14 days after the decision was made. The higher court could potentially dismiss or affirm the lower court's decision, may modify it, or even order for a new trial.
Both the prosecution and defence have the right to appeal in criminal cases whereas in civil cases, only the party that lost has this right.
Generally, an appeal must be lodged within 14 days from the date the decision was made. However, this might vary depending on the nature of the case.
An appeal must be made in the appropriate form, stating the grounds of appeal, and lodged with the appropriate court within the stipulated time period. Legal representation can help ensure this is done correctly.
If the appellate court finds merit in the appeal based on grounds of law or fact, it can reverse the original decision.
In rare circumstances, new evidence may be introduced if it was not available at the time of trial and could have a significant impact on the verdict.
For further information, the Scottish Courts and Tribunals Service provides resources online to help explain procedures and terminology. The Citizens Advice Bureau Scotland can provide independent advice on how to proceed with an appeal.
If you believe you have grounds for appeal, seek legal counsel immediately due to the strict time limitations for lodging an appeal. You should provide your lawyer with all the relevant details of the case, including the decision against which you want to appeal. Your lawyer will then guide you through the strategic steps involved in lodging and arguing an appeal.
