Reply to: https://www.thetimes.co.uk/article/judge-only-trials-would-let-courts-get-back-to-work-j2fjp9pxw In The Times this morning former High Court Judge Sir Richard Henriques advocates that the only way forward in terms of retaining...
Whilst our legal system is considered one of the best in the world, mistakes do happen. Innocent people are convicted of offences and people receive sentences, which are too severe for the offence.
If you have been convicted of an offence, or sentenced in the Magistrates’ Court, you have an absolute right to appeal to the Crown Court. Whilst this is an automatic right, there are procedures and deadlines. It is not advised to appeal a decision without any merit as the appeal Court can increase sentence or make the person restart their sentence.
If you have been convicted or sentenced in the Crown Court, the law does not allow an appeal simply because you do not agree with the Judge or Jury’s decision. Unlike in the Magistrates’ Court, you must have grounds of appeal. Sufficient grounds could include, the Judge making a serious error, Jury irregularities, disclosure issues or new evidence coming to light. The first step is asking a single Judge for permission to appeal to the Court of Appeal. If this is refused, then you ask a panel of Judges. Only once past this stage will the appeal be heard.
In addition to the Crown Court and Court of Appeal, other bodies also deal with appeals, such as the Criminal Cases Review Commission, the Supreme Court and currently the European Court of Human Rights.
Our criminal appeal solicitors’ expertise
There is much publicity about wrongful convictions. The work to avoid a miscarriage of justice starts in the police station. Often people are unrepresented in the police interview. These are usually people who have never previously been inside a police station and are unfamiliar with the judicial system. This can lead to self-incriminating answers or even false confessions.
Our team will consider the evidence and trial procedure carefully and advise on appeal. If we did not represent at trial then this can involve considering the entire case, reading all of the papers, obtaining the Judge’s Summing Up and all relevant documentation.
Funding your case
If we have represented you for your trial or sentence, and you were funded by legal aid, then your legal aid should be extended to cover an appeal if we positively advise an appeal.
If we did not represent you for your trial or sentence, then please contact our Appeal solicitors to discuss private funding of your appeal.
If your matter is privately funded, it may not be possible to provide a specific and accurate quote upfront. We will however endeavour to be clear about the costs of our representation from the outset.
Get in touch with our appeal solicitors.
For further information, call us now on 0207 790 4032 (or out-of-hours on 07841 454 170). Alternatively, complete our online enquiry form and we will contact you for a confidential discussion about your case.