Our Criminal barristers are specialist criminal appeal lawyers. We provide a comprehensive appeal service for appealing a conviction, appealing a sentence or both. If you were convicted in the magistrates court or in the crown court we can provide expert advice and assistance on appealing a verdict and the procedure.
We can also provide “second opinions” on your case. We can advise and consider any legal or procedural errors or new evidence which was not available at the original trial or evidence which was missed and has the ability to cast doubt on an important aspect of the case.
Our appeals advisory service is usually fixed fee. We can arrange for conferences, consultations, written advices and legal opinions and conduct paper reviews of the evidence used to convict.
Our aim is to make the appeals process as simple to understand as possible – it is your appeal therefore you need to understand how it works.
We can advise on:
- Whether you have grounds to appeal.
- Advice on any new grounds, points of law or evidence which was not available in the trial.
- Consideration of any forensic, scientific and DNA evidence which in some cases can provide new and compelling evidence giving rise to a successful appeal.
- Criminal law advice.
- We can provide a second opinion if you are dissatisfied with the advice and representation of your previous solicitor or barrister and conduct an independent review of your case.
- Advice and assistance if you were unrepresented at trial and were convicted in the Magistrate’s Court or Crown Court.
- Preparing the appeal; Drafting the necessary appeal documents and complying with the procedures.
False Imprisonment & blackmail. The client was one of 6 Defendants. The evidence of the alleged victim was given via live video link from India. The client was found not guilty following submissions regarding the reliability of evidence given over video live link.
Outcome: The trial Judge discharged the jury and ordered a not guilty verdict as none of the defendants could have a fair trial because of the video link evidence.
R v P (Old Bailey – Central Criminal Court)
Appeal a Conviction: How do I appeal?
The route to an appeal depends on whether the trial took place in the Magistrate’s Court or the Crown Court.
The right to appeal sentences also includes appeals against driving disqualifications and bans. In some cases the sentence and disqualification can be suspended pending the outcome of the appeal in the Crown Court, once the appeal has been lodged. Appeals in the crown court are heard by a crown court judge sitting with two lay magistrates. The case would be a complete rehearing of all the evidence from the prosecution and defence. The crown court is not bound by the decision of the magistrates court.
According to the Ministry of Justice between 2004-2008 there were 26,670 appeals from the Magistrates Court to the Crown Court. Of these a staggering 40% of appeals resulted in the conviction being successfully overturned on appeal to the Crown Court.
See our case studies for further examples of our work.
Many trials in the Magistrate’s Court are conducted by solicitors. Our appeals are conducted only by experienced crown court barristers. Our services include:
- Reviewing your case for appeal
Advise and make tactical decisions on which evidence to call and considering any additional evidence, witnesses that could be called that may assist your case on appeal.
- Preparing your case for appeal
Prepare your appeal, which includes drafting any appeal notice which is required, taking your detailed instructions, making arrangements for witnesses to have statements taken from them, preparing legal arguments and submissions (for example to applications to exclude illegally obtained evidence, evidence which is prejudicial or otherwise inadmissible).
- Representation at the Appeal
Expert Cross examination of witnesses and police officers.
Making legal submissions to exclude evidence which may been unlawfully or illegally obtained or is inadmissible as evidence.
Arguing your appeal in court and making submissions on your behalf.
Appeals against Sentence
Similarly, an appeal against sentence is a rehearing of the sentence. The Crown Court will hear the facts of the conviction and can vary or amend the sentence. This can include appealing driving disqualifications and bans and other orders imposed as part of the sentence.
Because a trial or sentencing hearing would have already been conducted in the Magistrate’s Court we are usually able to offer you a fixed fee service to include advice, drafting any application and representation at the appeal hearing in the Crown Court.
If you believe that you were wrongly convicted in the magistrates court, call us for straightforward advice on (020) 8123 9999 or e-mail us at firstname.lastname@example.org. Remember if you have been recently convicted you have a time limit in which to appeal, so call today for legal advice and assistance from a criminal barrister direct.
Common conviction appeal grounds are:
- Failures by the prosecution to disclose evidence or documents to the defence.
- New evidence or the discovery of evidence which was not presented at trial.
- Police of prosecution misconduct.
- Inadequate or poor representation by a solicitor or barrister at trial.
- Flawed expert or scientific evidence relied upon by the prosecution at trial.
- Where the trial judge has made a wrong decision on a issue of law which include:
- Where evidence has been wrongly admitted or excluded.
- Misdirecting a jury on the law.
- Incorrectly rejecting a submission of no case to answer
- Failing to deal with an essential element during the summing up of the case.
- Improper interventions by the judge during the course of the trial.
- A significant irregularity during the course of the trial.
Appealing a Sentence from the Crown Court.
Grounds upon which a sentence can be appealed:
- The Sentence was too long for the offence (manifestly excessive).
- The Sentence wrong in principle or unjust.
- Inconsistent with the sentence of a co-defendant.
- Where the judge took the wrong approach to sentencing or followed the wrong procedure.
- The Judge had no legal power to impose the sentence.
In order to appeal to the Court of Appeal a barrister must provide a written advice or opinion that there are properly arguable grounds for appeal either against the conviction sentence or both. There are strict rules and procedures as to which documents need to accompany the advice and which must be lodged with the Court of Appeal Registrar.
Criminal appeals can be complicated and require care and precision. If you or someone close to you was convicted and you would like an experienced criminal barrister to pursue your appeal or give a second opinion on your case call now to discuss the options available to you.
For initial free confidential advice from a criminal barrister call us on 0208 123 9999
or e-mail us at email@example.com