UK - Alesha MacPhail, 6, raped & murdered, Ardbeg, Isle of Bute, Scotland, 2 Jul 2018 -*arrest* #5

[Yenriac]

an appeal against the conviction can automatically be made in Scottish courts

This is true but he has no grounds for appeal. So far as I'm aware.

 

[Ardoch]

How long does his lawyer stay on the case?

 

[Crestnut]

This is true but he has no grounds for appeal. So far as I'm aware.

I am not knowledgable re appeals but I do know appeals can be made against a conviction length etc as they go by previous sentencing of others
Example: I nursed a prisoner for over a year. About 2 years before I nursed him he managed to get 3 years off his original 30 year sentence due to some law and sentencing that had occurred in a total different case. Here is link if you can decipher all the legal jargon ANDREW WALKER v. HER MAJESTY'S ADVOCATE

 

[stephaniejanes]

Aggravating and mitigating factors

This is quite a useful site for understanding the types of considerations the judge will make in sentencing. IMO I can't think of many mitigating factors for the prisoner beyond his age, however I'm sure more will be reported following sentencing.

 

[Yenriac]

I am not knowledgable re appeals but I do know appeals can be made against a conviction length etc as they go by previous sentencing of others
Example: I nursed a prisoner for over a year. About 2 years before I nursed him he managed to get 3 years off his original 30 year sentence due to some law and sentencing that had occurred in a total different case

Is that not an appeal against the sentence?

Edit: AC may not have grounds to appeal against the conviction but once sentenced he may be able to appeal against that.

 

[TaylorCallum]

I just e-mailed scotcourts asking about the transcript. It says they can take up to 20 days to reply though. Hopefully, I'll hear word back soon.

 

[Gardenista]

an appeal against the conviction can automatically be made in Scottish courts

As a general rule, in the US, the attorney hired to do an appeal that is non-automatic has to be paid for by the defendant. Is that the case in Scotland?

 

[Gardenista]

I just e-mailed scotcourts asking about the transcript. It says they can take up to 20 days to reply though. Hopefully, I'll hear word back soon.

You are a rock-star! TY.

 

[Crestnut]

Is that not an appeal against the sentence?

Yes but then appeal against conviction can be done firstly

 

[Ardoch]

I am not knowledgable re appeals but I do know appeals can be made against a conviction length etc as they go by previous sentencing of others
Example: I nursed a prisoner for over a year. About 2 years before I nursed him he managed to get 3 years off his original 30 year sentence due to some law and sentencing that had occurred in a total different case. Here is link if you can decipher all the legal jargon ANDREW WALKER v. HER MAJESTY'S ADVOCATE

Roy Whiting had his sentence reduced in 2010 " tariff ...in line with double child killer Ian Huntley"
Sarah Payne’s mother ‘left reeling’ as killer’s sentence is

 

[Nikynoo]

I was looking into applying myself using the EX107 form but it says it can cost between £200-£300 so I think I'll give that a miss, lol.

But I don't know if that's just England and Wales?

Happy to contribute

 

[stephaniejanes]

How long does his lawyer stay on the case?

The accused will have a solicitor, which will have been appointed to him on his arrest. I presume they would stay on until sentencing. The Advocate QC that defended in court is hired by the solicitor and does not work for the defendant - he probably didn't even meet the defendant much if at all pre trial. It's because you can only speak before a high court judge if you're an advocate in Scotland.

 

[Yenriac]

Yes but then appeal against conviction can be done firstly

I'm not disputing that, im only saying as I've said upthread he may not have grounds for appeal against the conviction but against the sentence he can. You don't have to appeal the conviction to appeal the sentence.

 

[Nikynoo]

You may get lucky and the case will be published via scotcourts

That will only be the judgement though. what we are after are the trial transcripts

 

[kyndigs]

Our weak justice system will give him 20 years minimum sentence most likely, at which point he will be eligible for parole.

 

[sunshine2019]

The accused will have a solicitor, which will have been appointed to him on his arrest. I presume they would stay on until sentencing. The Advocate QC that defended in court is hired by the solicitor and does not work for the defendant - he probably didn't even meet the defendant much if at all pre trial. It's because you can only speak before a high court judge if you're an advocate in Scotland.

That's really interesting.

 

[Crestnut]

That will only be the judgement though. what we are after are the trial transcripts

There is usually a lot of info though More information is posted on appeals though

 

[Ardoch]

On the point of a possible Appeal and in revealing A's name in public;

" Coupled with the overwhelming evidence perhaps he thinks the possibility of appeal or indeed rehabilitation is so remote that revealing his name to the broader public is justifiable"

Nick McKerrell: Naming of Aaron Campbell runs contrary to youth justice

 

[Ruthbullock]

In which way are they only able to function to a degree?

The way that an alcoholic only functions to a degree, the way that you are deemed unfit to drive a vehicle- I can’t believe you believe people who smoke weed function normally, even they don’t, hence why they smoke it.

 

[Crestnut]

I'm not disputing that, im only saying as I've said upthread he may not have grounds for appeal against the conviction but against the sentence he can. You don't have to appeal the conviction to appeal the sentence.

Ah sorry. As I said I do not have great knowledge of law. I only have personal knowledge due to speaking to prison officers and guards for approx a year