Appellant

If you have filed an appeal in the Staff of Government Division you will be known as the appellant.

What happens first?

Once your notice of appeal (or application for leave to appeal) has been received by the Court Office and a copy served upon the respondent to the appeal (usually the Attorney General or the Chief Constable) the matter will be allocated a date for a directions hearing

This initial hearing generally lasts about half an hour. Although there will be two judges sitting at the main hearing of the appeal, there may only be one judge sitting at the directions hearing. The judge will set out the timetable for bringing the matter to hearing, and set any dates for the filing of documents.

Do I have to attend the initial (directions) hearing?

You are not required to attend the initial hearing if you have an advocate representing you at the hearing , although you may attend if you so wish. If you are representing yourself then you must attend.

Who will be in the courtroom?

The Staff of Government Division is usually an 'open' court. This means you may see the following people in the courtroom:

the two judges;
the advocate for the respondent;
your advocate;
any witnesses called to give evidence (after they have given their evidence);
the court clerk;
the court usher;
the dock officer;
any members of the public sitting in the public gallery; and
the media (newspapers, radio, etc).

What should I call the judges?

Both the judges are addressed as;

Your Honour

How should I behave in court?

Please switch off or silence your mobile phone or pager before coming into the courtroom. Items such as video cameras, tape recorders, radios or other electronic equipment are not allowed in the courtroom.

As this court is an "open court", you must stand while addressing the judge, or if they are addressing you, unless you are seated in the witness box. When you are standing, do not fold your arms across your chest or put your hands in your pockets. You must be polite at all times, never shout or use vulgar expressions or interrupt someone else while they are speaking. You must remain calm, everyone will get their turn to speak. Do not interrupt the judge, be aware if you are rude to the judge you may be charged with contempt of court.

If you wish to hand any documents to the judge you must ask for permission. You must then hand them to a member of the court staff, usually the court usher or the court clerk, who will then pass them to the judge.

What do I do when I get to court?

If you are in custody, you will be escorted to the courthouse and taken into the dock.

If you are not in custody, when you arrive at the courthouse you will have to pass through security.

You or your advocate should then let the main courthouse reception know that you have arrived. Reception staff will tell you which courtroom you need to go to, and where the correct waiting area is.

When it is time for the hearing, the dock officer will escort you to the dock.

The hearing

In the main hearing there will be two judges. Neither judge will have been involved with the original case before it was appealed.

Your advocate (or you in person if you are representing yourself) and the respondent's advocate will then set out their arguments. If you are appealing against your conviction then your advocate will seek to persuade the judges that the judge in the lower court was wrong to convict you. If you are appealing against your sentence, your advocate will seek to persuade the judges that the sentence given to you was unjust in its length.

The respondent’s advocate will then have their opportunity to ‘respond’ to your advocate’s argument as they see fit and finally your advocate will have a chance to reply. It is usual for the judges to ask questions of both parties to the appeal throughout their submissions.

Under S37 of the Criminal Jurisdiction Act 1993 the Appeal Division may, if it thinks necessary in the interests of justice:-

order any witness who would have been a compellable witness at the trial to attend for examination and be examined before the Appeal Division, whether or not he was called at the trial;
order the examination of any such witness to be conducted before any judge or justice of the peace or other person appointed by the Appeal Division for the purpose, and allow the admission of any depositions so taken as evidence before the Appeal Division.

Judgment/Final hearing

After the hearing, the two judges will retire to consider their decision. The Judges may not be able to give their decision immediately, in which case judgment will be reserved and the parties will be asked to attend court at a later date when all matters have been considered and the judgment is able to be delivered.

If you have appealed against a conviction the Appeal Division will decide if that conviction should be overruled, or upheld.

If it is upheld then the original conviction will stand, and if you were in custody, you will be returned to prison.
If they decide that the original conviction was wrong then the Appeal Division will quash the conviction and either:-
- direct a verdict of acquittal to be entered, or
- order the appellant to be retried.

If you have appealed against the length of a sentence passed down in the Court of General Gaol Delivery, the Appeal Division will decide whether that sentence should be altered or stand.

If the sentence stands and you were sentenced to imprisonment, you will be returned to prison to serve the sentence passed down by the Court of General Gaol Delivery.
If the Appeal Division thinks that a different sentence should have been passed it shall:-
- quash the sentence passed at the trial; and
- pass such other sentence authorised in law by the verdict (whether more or less severe) in substitution.

Final written judgments may be published on Judgments Online at the discretion of the judge.

Please be aware that, under section 27(4) of the High Court Act 1991, all court proceedings are digitally recorded. For further information please refer to our In-Court Technology section.

Courts of Justice