There are a number of cases that can be handled by an appeal defence barrister, but almost all of them are criminal cases, and most of them are brought to the courts over their specific legal points, rather than an innate sense of right or wrong. Appeal barristers specialize in the minutia of law, and in ensuring that it is followed in both letter and spirit.
Cases will be brought before one of four courts, depending on the content of the case, where it originated,and on the action required. The three courts are the Supreme Court, the Court of Appeal, the Crown Court, and the Divisional Court. each of these courts has different rules that govern it, and each barrister will specialize in cases within a different court, making it rather easy to choose someone to defend a particular case.
The Supreme Court only hears cases that led to a conviction within the Court of Appeal. This makes it the last possible avenue for appeals, and the decisions made within are final.
The Court of Appeal hears cases that were upheld within the Crown Court, serving as a filter for the Supreme Court and is responsible for resolving a large number of cases.
Finally, the Crown Court, along with the Divisional Court, hear cases that were originally tried within the Magistrates court. Many cases do not make it farther than this step, ensuring that the justice system remains fair and balanced.
There is sometimes another option to appeal “To Europe,” but this action is rare, and it is unlikely to be used in most cases as it would be denied straight away. If this is an option, a trained barrister will be sure to mention it, removing the need for questions about the eligibility of cases for this particular arena.
Any case that fits within the above mentioned courts can be brought to an appeal defence barrister, and they will look it over to see if it has the merits necessary to go forward. In many cases they will advise clients against continuing, meaning that the case has been legally decided and there are no grounds for appeal. Should a case have the grounds to go forward, the process will begin and the barrister that was contracted will write up their recommendation, and help their clients submit it to the court, eventually arguing it in the courts.