Criminal Practice Area: Criminal Appeal Specialisation
The Criminal practice area focuses on laws related to crimes and how they are handled in New Zealand. Within this area, the Criminal Appeal specialisation is particularly important. It deals with cases where someone believes they have been wrongly convicted or given an unfair sentence.
What is a Criminal Appeal?
A criminal appeal is when a person who has been found guilty of a crime asks a higher court to review their case. This can happen for several reasons, such as:
- New Evidence: If new information comes to light that could change the outcome of the case, a person can appeal. For example, if a witness comes forward with information that proves the accused was not at the crime scene.
- Legal Mistakes: If there were mistakes made during the trial, such as incorrect instructions given to the jury, this can be a reason to appeal. For instance, if the judge did not allow important evidence to be presented.
- Unfair Sentencing: If someone feels their sentence is too harsh compared to similar cases, they can appeal. For example, if a person received a long prison term for a minor offence while others received lighter sentences for more serious crimes.
How Does the Appeal Process Work?
The appeal process in New Zealand usually involves several steps:
- Filing the Appeal: The person must file a notice of appeal within a specific time after the trial.
- Preparing the Case: Both sides prepare their arguments. This includes gathering evidence and writing legal documents.
- Hearing: A panel of judges will listen to both sides and review the case. They may ask questions to understand the issues better.
- Decision: After considering everything, the judges will make a decision. They can either uphold the original verdict, change the sentence, or even order a new trial.
Why is Criminal Appeal Important?
Criminal appeals are crucial for ensuring justice in New Zealand. They provide a way for people to challenge decisions that may be wrong or unfair. This helps to maintain trust in the legal system and ensures that everyone has the right to a fair trial.
If you or someone you know is facing a criminal conviction and believes there are grounds for an appeal, it is important to seek legal advice. A lawyer who specialises in criminal appeals can help navigate the complex process and work towards achieving a fair outcome.