Are you curious about what happens when you appeal your prison sentence? Do you wonder, ‘Can my prison sentence be increased if I appeal?‘ in the UK? It’s a valid question and a common concern among prisoners. Let’s break down the answer for you.
The short answer is – technically, yes. Under UK law, when you appeal your sentence, it’s possible that it could either decrease, stay the same, or increase, although the last scenario is quite rare. The Court of Appeal is open to consider all aspects of the original sentencing decision.
How appeals work:
However, the process is a bit more nuanced than that, depending on the individual case.
The Court of Appeal
The Court of Appeal is there to rectify any errors that might have occurred during the original sentencing. If the sentencing judge made a mistake or gave undue consideration to certain factors, the Court of Appeal has the authority to correct it. Therefore, it’s important for your legal representative to make a strong case.
Factors That May Increase Your Sentence
There are some situations where a prisoner’s sentence can be increased on appeal. This is typically when the Crown Prosecution Service (CPS) appeals a sentence they believe was unduly lenient. A sentence could be seen as vert lenient, for example, if it is significantly low for the crime committed, or if certain factors of the crime were not taken into account.
Risks of Appeal
When you choose to appeal, chances are in your favour that your sentence won’t be increased. Despite this, it’s still a risk. The court rarely increases a sentence, but if there’s compelling reason to believe the original sentence was too mild, or more evidence comes to light, it could happen.
Statistics on Appeal
The odds are low that your sentence would increase. The vast majority of appeals result in reduced sentences or no change. According to statistics, roughly 8% of sentence appeals result in an increased sentence. The remaining 92% either have no change or a reduced sentence.
Seeking Legal Advice
Before choosing whether to appeal your sentence, it’s critical to seek the advice of a legal professional. They can provide guidance based on your individual case and the likelihood of success should you choose to appeal.
If you’re considering an appeal, it’s always a good idea to have an open conversation with your legal team about all the possible outcomes, and weigh the benefits against the risks. Your legal adviser should be able to guide you on the strength of your appeal, the likelihood of success, and the potential risk of an increased sentence.
Above all, remember that everyone deserves a fair and just legal process. Even in prison, you have the right to argue for your freedom or for a reduced sentence. Understanding the appeal process helps you to make informed decisions in your case.
