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Appealing a sentence and prison

  • 05-11-2020 10:24pm
    #1
    Whitecarstones
    Registered Users Posts: 129 ✭✭


    if you are sentenced to say 12 months in jail, but you appeal that for illegally obtained evidence used to convict you, do you still go to prison while awaiting an appeal date? like... you could be appealing
    I would have assumed you would but know someone who was left out until the appeal was heard.

    anyone like to chime in? its confusing
    Tagged:


Comments

  • #2
    CharlesMartel
    Closed Accounts Posts: 95 ✭✭CharlesMartel


    oh just do your time. Prison will be great-full of innocent people like yourself


  • #3
    thenightman
    Registered Users Posts: 561 ✭✭✭thenightman


    No, you/solicitor can ask for recogs (appeal bail) to be fixed when judge has passed a sentence. Judge will set terms of this bail depending on defendants bench warrant history and financial means. Might also add other conditions depending on particulars of case. You then get to appeal your case to a higher court and are out on that appeal bail until that appeal date, unless you break conditions or come to Garda attention again and guards apply to revoke it. Bear in mind that the higher court you appeal to could actually increase your sentence too.


  • #4
    talla10
    Registered Users Posts: 1,124 ✭✭✭talla10


    thenightman wrote: »
    No, you/solicitor can ask for recogs (appeal bail) to be fixed when judge has passed a sentence. Judge will set terms of this bail depending on defendants bench warrant history and financial means. Might also add other conditions depending on particulars of case. You then get to appeal your case to a higher court and are out on that appeal bail until that appeal date, unless you break conditions or come to Garda attention again and guards apply to revoke it. Bear in mind that the higher court you appeal to could actually increase your sentence too.

    Not necessarily. That procedure is fine for the District Court but for more serious offences in Circuit and higher courts a lot of prisoner's serve their sentences whilst awaiting their appeals to be heard


  • #5
    Claw Hammer
    Registered Users, Registered Users 2 Posts: 6,262 ✭✭✭Claw Hammer


    thenightman wrote: »
    No, you/solicitor can ask for recogs (appeal bail) to be fixed when judge has passed a sentence. Judge will set terms of this bail depending on defendants bench warrant history and financial means. Might also add other conditions depending on particulars of case. You then get to appeal your case to a higher court and are out on that appeal bail until that appeal date, unless you break conditions or come to Garda attention again and guards apply to revoke it. Bear in mind that the higher court you appeal to could actually increase your sentence too.

    That only happens in the District Court where the right of appeal is automatic and the presumption of innocence revives once it is indicated there is going to be an appeal. It does not apply to trials on indictment.


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