the right to appeal

the burden of evidence

just wondering whether somebody has the right to appeal even if its likely to fail? if the person is denied that opportunity, can anything be done by it?

Tom Young

Unfortunately the answer is it depends. There are circumstances in which an appeal will be refused, but leave may be sought from the Higher Court in question. It is completely circumstantial and depends on the nature of the law involved - Civil/Criminal and where the action was first initiated.

Please do not place any data here which might compromise an appeal or case.

coylemj

Depends on which court gave the original decision. I assume you're talking about a criminal action because I don't think there's any restrictions on appealing civil cases.

Tell us which court handed down the decision you're considering appealing - District/Circuit/Special Criminal/Central Criminal Court?

Carawaystick

Isn't there the vexatious litigant restriction ( ul lecturer) on certain cases? Would that not apply to appeals from circuit/district courts up to high court?

coylemj

Carawaystick wrote: »

Isn't there the vexatious litigant restriction ( ul lecturer) on certain cases? Would that not apply to appeals from circuit/district courts up to high court?

I think the VL provision is designed to screen access to the courts by people with a record of time-wasting through frivolous or vexatious actions. However once a VL is allowed to proceed to a court of first instance, I would assume that the right of appeal could not be denied in advance so he would be allowed to appeal an adverse finding or verdict.

MagicSean

If a person pleads guilty can they later appeal the conviction or just the sentance?

ResearchWill

Carawaystick wrote: »

Isn't there the vexatious litigant restriction ( ul lecturer) on certain cases? Would that not apply to appeals from circuit/district courts up to high court?

It's called an Isaac Wunder Order, it means if granted that the person must get leave of a court before he or she can commence any litigation. It has no effect on a person right to appeal unless they have such an order granted against them.

Info on such orders and background here http://www.jsijournal.ie/html/Volume%201%20No.%201/1%5B1%5D_Moore_Isaac%20Wunder%20Orders.pdf

ResearchWill

MagicSean wrote: »

If a person pleads guilty can they later appeal the conviction or just the sentance?

If it is a summary matter, then yes you can. To be honest not sure on indictment, I would assume constitutional justice must allow it in certain circumstances, but I really don't know for sure maybe someone else would know.

the burden of evidence

Tom Young wrote: »

Unfortunately the answer is it depends. There are circumstances in which an appeal will be refused, but leave may be sought from the Higher Court in question. It is completely circumstantial and depends on the nature of the law involved - Civil/Criminal and where the action was first initiated.

Please do not place any data here which might compromise an appeal or case.

sorry i should of been more clear in the beginning. i was referring to an eu grant appeal.

ResearchWill

the burden of evidence wrote: »

sorry i should of been more clear in the beginning. i was referring to an eu grant appeal.

Do you mean EU farm grants, if so then this may be what you need http://www.agriculture.gov.ie/media/migration/formsdownloads/AppealProcedureNoticeofAppealForm230311.doc

Also the following Act covers Agri http://www.irishstatutebook.ie/2001/en/act/pub/0029/print.html#sec11

Seems to allow an appeal to an appeals officer and to the High Court on a point of law.

the burden of evidence

ResearchWill wrote: »

Do you mean EU farm grants, if so then this may be what you need http://www.agriculture.gov.ie/media/migration/formsdownloads/AppealProcedureNoticeofAppealForm230311.doc

Also the following Act covers Agri http://www.irishstatutebook.ie/2001/en/act/pub/0029/print.html#sec11

Seems to allow an appeal to an appeals officer and to the High Court on a point of law.

ya it would be something along those lines. the officer in question who was deciding on whether to authorise the grant turned it down because it was received 2 days after the deadline. there was a doctors note in it to explain but she didnt except it. she sent the letter which stated that the grant was refused to the wrong address. because of this the person in question missed the deadline for appeal but the lady argued that it would of been declined anyway on appeal.

Kosseegan

the burden of evidence wrote: »

ya it would be something along those lines. the officer in question who was deciding on whether to authorise the grant turned it down because it was received 2 days after the deadline. there was a doctors note in it to explain but she didnt except it. she sent the letter which stated that the grant was refused to the wrong address. because of this the person in question missed the deadline for appeal but the lady argued that it would of been declined anyway on appeal.

That's nonsense. Complain to the Ombudsman.

the burden of evidence

Kosseegan wrote: »

That's nonsense. Complain to the Ombudsman.

so are you saying the individual in question would still have a right to appeal even if they missed the application deadline? cool mate thanks