LEGAL AIDIf a solicitor advocate already holds a legal aid order in the proceedings, the Crown Court legal aid order will include advice on whether there are reasonable grounds of appeal and on the assistance available for preparing an application.

If a defendant is seeking advice from a different solicitor to the one named in the order, the green form scheme should be used to fund advice on appeal.

If leave to appeal is granted, ensure that the description of legal aid covers a solicitor advocate.APPEAL AGAINST CONVICTION AND SENTENCEAn appeal against conviction can only be founded on the the basis of evidence that was not available to the trial judge, an error of law or gross misstatement of fact in the judge's summing up or a material irregularity in the course of the trial.

Examples of the latter are allowing material to go before the jury against valid defence objections, or the defence being prevented from cross-examining or presenting evidence as it wished.If a client requires appeal against conviction and sentence and the solicitor's advice is favourable concerning the latter but not the former, the section of the advice concerning appeal against conviction should be contained in a separate document for the client alone.

This will avoid the same judge reading both advices.TIME LIMITSAn advice on appeal should be given to the client within 21 days of conviction.

If time allows, forms N and G can be sent to the client for signature.

However, it should not be left to the client to file forms, which the conducting solicitor should send to the registrar within 28 days of sentence.

If an appeal is out of time, but there are valid reasons, the application for leave to file appeal out of time can form a separate sheet or be included under a separate heading on form N.LEAVE GRANTEDIf a conference with the client is necessary before the hearing, authority must be obtained from the registrar for legal aid to cover this before it takes place.

Ensure that the court is provided with a list of all the authorities which will be relied upon in the appeal.

It is preferable to provide the list no less than seven days before the hearing date.

It will be accepted up to the day before the hearing but this is not good practice.

In an appeal against conviction, four copies of a typed note tabulating the propositions upon which it is sought to rely should also be submitted prior to the hearing.

Overnight accommodation in London is not usually allowed on taxation.

However, if travelling from a distance, the Criminal Appeal Office listing room should be contacted to ensure that the case is towards the end of the list.LEAVE REFUSEDThe chances of a renewed appeal succeeding can be increased by drafting supplemental grounds if they exist.

The full court is more likely to reconsider the single judge's decision if there are new matters before it.

If the renewed application is to be made to the full court and leave is granted, the court may decide to hear the appeal immediately.

If leave and legal aid have been refused by the same judge, the registrar cannot grant legal aid.

Unless an appeal is privately funded, a solicitor advocate will not be paid for appearing at the hearing.THE HEARINGIt is a strange experience to appear in a court where the prosecution is not represented.

However, in addition to the advice, grounds of appeal and supporting authorities, the judge will have seen the committal papers, the sentencing judge's remarks and any relevant transcripts.

The court will already have considered all papers and may have formed an opinion.

Alternatively, if there are points of the appeal that cause the court concern, it will direct the solicitor advocate towards the area upon which it needs to be persuaded.Listen carefully to questions being asked.

They will inevitably be an indication of the direction the court's thoughts are taking.

Remember that the appeal is not a plea in mitigation.

Impassioned rhetoric may impress the client but it will not impress the court.A concise analysis of the principal points of appeal should be presented.

If these fail then minor back-up points are unlikely to succeed.

In addition, always remember to address the court as 'My Lord' or 'Your Lordships'.

Solicitor advocates who are more familiar with appearances before other tribunals could easily lapse into 'Your Honour' or 'Your Worships'.No matter where the case is in the list, sit and listen to all the other cases to see how the other advocates present them and how the judges react and respond.Advice on AppealThis should not be a reworking of the plea in mitigation before the Crown Court.

Prepare a succinct document which clearly identifies the issues and includes:-- an introductory paragraph setting out the offences and sentence;-- a concise and unbiased precis of the facts;-- the points which the court will be asked to consider, eg that the sentence was excessive in view of the guideline case, that no credit was given for pleas and co-operation or that the sentencing judge erred in applying the principles of sentencing;-- citation of the relevant case authorities and an indication of why they should apply or be distinguished in this particular case.

Draw the attention of the single judge, who may be considering the advice to earlier decisions of the full Court of Appeal which support the appeal.

If there is no such authority then state this, as it may be an issue which the full court has not yet decided and may be important for that reason;-- conclude by advising in favour or against appeal, and in each case give reasons;-- there is no obligation t o include a copy of the advice with the forms submitted to the Court of Appeal, but it is good practice to do so.