Appealing a custodial sentence - Scotland
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Hi everybody. Has anybody appealed a harsh custodial sentence?
Just wondering how long would an appeal take? Could you say what the outcomes were? Any advise at all.
Solicitor told us we had 15 days from day of sentencing to appeal. He advised we didn't even wait that long and he started the appeal immediately.
He said because my husband pleaded guilty that he can't appeal his conviction but can appeal his sentencing/length on SOR on the grounds that no mitigating factors were taken into consideration and also that the background reports were very positive and he could have been punished in the community as he was assessed as low risk. Solicitor said because my hubby received the maximum custodial and indefinite on the register that we have nothing to lose.
I've read online that the appeal goes to the Crown Court in Edinburgh and the case is reviewed with 3 judges, which I'm praying will give my husband a better chance at reducing his custodial.
I'm just clutching at any bit of positivity, it feels like our future hangs on this appeal. Even just to reduce the time on the register. Solicitor feels very confident about appealing. I'm not sure about anything anymore. Xx
Just wondering how long would an appeal take? Could you say what the outcomes were? Any advise at all.
Solicitor told us we had 15 days from day of sentencing to appeal. He advised we didn't even wait that long and he started the appeal immediately.
He said because my husband pleaded guilty that he can't appeal his conviction but can appeal his sentencing/length on SOR on the grounds that no mitigating factors were taken into consideration and also that the background reports were very positive and he could have been punished in the community as he was assessed as low risk. Solicitor said because my hubby received the maximum custodial and indefinite on the register that we have nothing to lose.
I've read online that the appeal goes to the Crown Court in Edinburgh and the case is reviewed with 3 judges, which I'm praying will give my husband a better chance at reducing his custodial.
I'm just clutching at any bit of positivity, it feels like our future hangs on this appeal. Even just to reduce the time on the register. Solicitor feels very confident about appealing. I'm not sure about anything anymore. Xx
Thanks so much for the response Lost123. Hope your person is doing good xx