APPEALS AGAINST CONVICTION

If you believe you have been wrongly convicted, that legal or factual errors undermined the fairness of your trial, or that your legal representatives failed you, our dedicated team of specialist criminal appeal lawyers is here to stand with you.

We understand that a wrongful conviction can turn lives upside down, bringing profound distress, damaged reputations, and long-term personal and professional consequences. We also know that navigating the complex and strict legal rules and time limits of the appeals process can be daunting without expert support.

Our lawyers combine deep specialist knowledge of appeal law, extensive experience before the Court of Appeal Criminal Division, and meticulous attention to detail to review every aspect of your original case. This includes examining trial transcripts, scrutinising evidence, identifying procedural or legal irregularities, uncovering fresh evidence that could undermine the safety of the conviction, and building robust, persuasive arguments to advance your case on appeal.

We provide clear, honest advice at every stage, explain your options in plain language, and guide you through every step with compassion and commitment. Your fight for justice is our priority. Contact us today for a confidential consultation to discuss your appeal and let us help you seek the fairness you deserve.

There is no exhaustive list of the challenges that can be made to a conviction. Ultimately, the test is whether or not the conviction is unsafe.

The following may amount to potential grounds for appeal:

  • Procedural error or irregularity: Such problems can arise during the trial process.

  • The judge misdirected the jury on issues of fact, law, or both: Judges can get the law wrong and direct the jury incorrectly. Similarly, judges can misrepresent the facts of a case. Where either occurs, it may be possible to argue that a conviction is unsafe.

  • The judge failed to direct the jury fairly: If it can be shown that, in some way, the judge was biased towards the prosecution in their summing-up, it may be possible to lodge an appeal. The judge may show bias towards the prosecution or fail to adequately sum up the defence case, leaving out highly relevant parts of the defence case or failing to mention aspects of the prosecution case that weaken the case against the defendant.

  • Inconsistent verdicts: This can occur where the jury convicts on some counts but acquits on others, resulting in verdicts that are inconsistent.

  • Wrongful admission or exclusion of evidence: The judge may have wrongly or unfairly allowed the prosecution to rely on evidence such as bad character evidence or hearsay. Similarly, the judge may have failed to exclude certain evidence that proved highly prejudicial to the defence case. For example, this could include a series of unfair questions in interview or evidence from an unreliable or dishonest witness.

  • Defects in the indictment: Sometimes the indictment, meaning the charges, may be incorrect or contain other defects that render the conviction unsafe.

  • The failure of the trial judge to withdraw the case from the jury: Where the prosecution case is weak, it is possible, at the end of the prosecution evidence, for the defence to argue that the case should be withdrawn. This is referred to as making a ‘submission of no case to answer’. If it can be argued that the judge was wrong to reject such a defence application, an appeal may be possible.

  • Poor representation at trial (see Publications): If it can be shown that the preparation and/or presentation of a case by defence solicitors and defence counsel was so poor that the safety of the conviction was compromised, it may be possible to lodge an appeal. This is a difficult ground of appeal, but it may be available where there have been serious failures by the defence team at trial.

  • Fresh evidence (see Publications): It may be that, following a conviction, fresh evidence comes to light that is capable of showing that the jury wrongly convicted. A witness may come forward, or there may have been an advance in technology or science. Information may also appear in mainstream or social media that undermines what a witness said at trial and indicates that they gave false or misleading evidence. Fresh evidence can be raised before the Court of Appeal and may demonstrate that the conviction is unsafe.

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