Once a case is referred

If we refer your case to the High Court you will require to instruct a solicitor to assist you.  To see a list of solicitors who undertake appeal work please click here.

If your appeal is in relation to a summary conviction, after the referral has been received by the High Court, the court will fix a date for a procedural hearing.  You will be notified of the date of the hearing by Justiciary Office.  The purpose of the hearing is to establish whether the appeal should proceed solely in terms of the grounds raised in the Commission’s statement of reasons or whether you wish to raise any other grounds of appeal.  Although the Commission has referred your case to the High Court on the specific grounds contained in its statement of reasons, you are permitted to raise other matters at appeal which have not been referred to by the Commission.  If other grounds are to be raised, the High Court may require a note of appeal to be lodged detailing the other grounds.  The appeal should thereafter proceed as normal.

If your appeal is in relation to a solemn conviction, your appeal will require to be presented at the High Court by you, or counsel acting on your behalf.  Within eight weeks of the date of the referral you will require to lodge with the High Court a note of appeal setting out the grounds upon which you seek to challenge your conviction.  Your appeal will be treated by the court as if leave to appeal has already been granted.