TO APPEAL OR NOT ?

TO APPEAL OR NOT ?

Postby MikeThomas » Thu Oct 08, 2009 9:31 am

Well, the Appeal for my case on the 3rd September has arrived, and what a basic document it is. Have a look:

HMCS-Appeal.jpg


Now the quetion is , should I appeal or maybe try for a Statutory Declaration ? :puzz:
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Re: TO APPEAL OR NOT ?

Postby MikeThomas » Thu Oct 08, 2009 2:04 pm

Just got off the phone to Cardiff Crown Court and there is some good news - there is no fee to pay for the appeal ! :cheer:

What I need right now is some good advice on how to proceed and maybe some volunteers to come to Cardiff with me on the day. It's scary on your own as some of you know and my head is like a 'box of frogs' at the moment so it's hard to formulate a good plan.

And I've just found this:

Appeals from the Magistrates court
You have a right of appeal from the Magistrates' or Youth Court to the Crown Court. If you pleaded guilty you have a right of appeal against sentence only, and if you have pleaded not guilty, you have a right of appeal against both conviction and sentence.

Notice of appeal must be given to the court and to the prosecutor within 21 days of the conclusion of your case. You can apply for Representation for the appeal.

These appeals are complete rehearings of your case in the Crown Court but before a judge and two magistrates. There is no jury. If your appeal is against conviction, the evidence will be heard afresh and the court will reach its own conclusion, by a majority if divided.

If your appeal against conviction fails, or if your appeal is against sentence only, the court will then review the sentence passed and can substitute any sentence the original court could have passed, up to the maximum sentence available to that court. This means there is a possibility that your sentence could be increased. An additional risk is that you might be ordered to pay the costs of an unsuccessful appeal.

The decision of the Crown Court on appeal is final, and there is only one, relatively unusual, situation in which you can pursue your case further.

Appeals to the High Court

Where you consider that either the Magistrates' Court or Youth Court, or the Crown Court when hearing your appeal, have made an error of law, acted in excess of their jurisdiction or failed to exercise their jurisdiction in deciding your case, you can appeal on a point of law to the Divisional Court of the High Court. This is done by way of asking the lower court to 'state a case' for the Divisional Court's consideration.

These proceedings are available to both the prosecution and the defence. The procedure is complex, and you will need the help of a lawyer. Criminal Representation Orders are now available. You cannot challenge decisions of fact in this way, but only raise questions of law.

Should you succeed in the Divisional Court your case is likely to be sent back to the lower court with directions for its reconsideration.

A similar procedure, but one which is available before your case has been concluded, is to apply for Judicial Review of the lower court’s decision in the High Court. For example, a decision by the Youth Court to refuse jurisdiction and send a case to the Crown Court can only be challenged in this way. However, no criminal Representation Order is available, and you will have to apply to the Community Legal Service for means-tested funding.


So is it worth the extra aggravation considering the courts 'attitude' towards Freemen?
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Re: TO APPEAL OR NOT ?

Postby IamallthatIam » Thu Oct 08, 2009 2:41 pm

Hi Mike,

I should bloody well think so that there is n no fee to pay to appeal the bollocks they came out with on the day.

Your subject title is appeal or not? you should go! IMO

We have got to get as many of our notices in the collective judges faces as is possible to do so, and we have got to get all of our paper work on the record, whatever it takes , I know there are some of the opinion that there is little point as they are going to ignore us and proceed in absentia anyway - totally illegally of course - that is besides the point. Whether they recognise us or not and with they proceed or not is irrelevant in some ways, what is important is us perfecting the process we are using and we will only be able to do that if we keep on trying what it is we are doing now.

take a look at mine and soulwaves Notice of standing for a start, there is a hell of a lot of useful stuff coming up in various posts at the moment

We proved without a doubt that it is possible not to be ignored and that you can stop coppers in their tracks on Tuesday night. Put the judge on Notice and remove any and all implied right he thinks he has got to preside over you. no man or woman has got any right to judge another so he can shove his opinion up his arse because afterall that is all it is his opinion , nothing more.

demand all notices you do send get put on the public, judicial and clerical records, private record and the guiness book of fucking records if you have to , just get what you want to say known and if you cannot do that in a written way whereby it gets passed directly to the judge , hand it to the judge yourself in the courtroom or better still read it out fo r everyone to hear.

You aint going to be going through this on your own mate , we are all behind you

love and light
angie x x x
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