Appealing Your Conviction - Youth Offenders
After a trial there may be an appeal. This is where your lawyer or Crown counsel ask a higher court to re-consider the case because they believe the judge made a mistake in arriving at the original decision.
The Crown can appeal an acquittal (not guilty finding), the sentence or both. Likewise, your lawyer can appeal a guilty finding, the sentence or both. Generally, the Crown has a more limited ability to ask for an appeal.
If the higher court finds there has been an error, it can acquit you, find you guilty or order another trial.
Appeals usually have to be filed within 30 days of the lower court’s decision.
If you are in this situation, speak to a lawyer. See Legal Assistance (Services and Resources) for information on how to contact a lawyer.
Requesting an Appeal
In an appeal, the higher court reviews the trial records. Generally, no one testifies. Sometimes, when you receive a custodial sentence, you may be released on bail until the appeal is heard.
If the higher court sets aside the lower court’s decision and orders another trial, it will take place as it did the first time, usually requiring witnesses to testify again.
Appeal hearings are open to the public and information about them can be obtained through the court registry or the Crown office.
Please visit Appeals (Offender) for more information