Burnaby49 wrote:Tom won't be appealing this for a long time, if ever, if he has to fund the transcript of 5 hours of court hearing. Can some confirm that is correct for English Law?
I can't speak for England but our laws are based on British laws and here in Canada that's the case. The appellant is responsible for providing transcripts of a court hearing when he is appealing that hearing's decision.
Presently, we only have Tom's rambling account of the hearing and the report in the Nottingham Post.
The hearing itself lasted for 5 hours and yet, very little was reported. For instance, on one of the F/B pages at the time, it was reported that the Judge warned that the supporters would be ordered from the court if they didn't stop their idiotic outbursts. This wasn't reported anywhere else.
Back to the verdict. At the end of any trial, the solicitor (or in this case Tom), would automatically ask for permission to appeal. Permission is either given or refused. We don't know whether Tom was granted permission. I would suspect not.
However if permission was given, then Tom would have to go through the appeal procedure.
If permission is refused, then it's like pushing water uphill. You may still appeal (as long as any appeal is within the strict time frames), but you would NOT be appealing the verdict. Instead, you have to appeal the DECISION (refusing you the right to appeal). You have to get over that hurdle first.
Permission to appeal will only be given to you if your appeal has a real prospect/chance of success or if there is some other compelling reason why the appeal should be heard.
I'm not sure what the position is with criminal convictions, but with civil cases in the County Court, the official GOV.UK website states this:
Filing an Application/Appeal
What documents do I have to lodge with my Appellant’s Notice?
You will need to lodge at least three identical copies of your Appellants Notice including
• grounds of appeal on a separate sheet;
• the court fee (see below);
• the sealed order or tribunal determination being appealed; any order granting or refusing permission to appeal to the Court of Appeal;
• the order allocating the case to a track (if applicable);
• a skeleton argument and the approved transcript of judgment.