Duncan Lewis Prison Law Solicitors – Appeals against Conviction
It is possible to appeal against conviction in a Magistrates’ Court, Crown Court and Youth Court if a not guilty plea was entered.
In some cases, it may be able to appeal a conviction at a Crown Court if a guilty plea was entered – Duncan Lewis can advise further on this.
There are strict time limits for appealing against a conviction – although in cases where a miscarriage of justice might have occurred or new evidence is available which was not presented at trial, it may be possible for a High Court judge to agree to grant permission for Leave to Appeal Out of Time.
Appeals against Conviction at Magistrates’ Courts
Appeals against conviction at a Magistrates Court have to be made within 21 days of the verdict. If an appeal is made outside that time limit, an application for appeal is sent to a single High Court judge who will decide whether to grant Leave to Appeal Out of Time.
A decision will be made according to whether the judge feels the appeal has a chance of succeeding. In cases where a verdict might have been reached despite a procedural error, an appeal may not be necessary, as in such cases a verdict can be changed under Section 142 of the Magistrates’ Courts Act 1980.
Duncan Lewis prison law solicitors can advise further on appealing convictions at Magistrates’ Courts, including legal advice on failed appeals or offering second opinions on convictions and appeals.
Appeals against Conviction at Crown Courts
Appeals against conviction at a Crown Court must be made within 28 days of the verdict.
Once a verdict has been delivered in a Crown Court, counsel (the barrister representing the defendant) will advise on guilty verdicts immediately after the hearing. In cases where counsel feels there are sufficient grounds for appeal, a written opinion will be given to the defendant’s solicitor. If counsel feels grounds for appeal have less chance of success, a verbal opinion will be given.
In some cases, it may be able to appeal a conviction if a guilty plea was entered – for example, if there were procedural errors in court.
Appeals against conviction at Crown Courts may involve procedural errors – or new evidence being available; including, for example, the testimony of a witness who was not at the hearing.
Permission has to be granted by the court to appeal against a conviction at Crown Court – and it is also possible to appeal a refusal to allow an appeal, in which case, more than one judge would decide if there were sufficient chance of success to merit a full hearing.
Duncan Lewis prison law solicitors can advise clients on appeals once a verdict has been reached – and can also advise in cases where a second opinion is needed, or an appeal against Crown Court conviction has been rejected, or there has been a miscarriage of justice.
Duncan Lewis prison law solicitors can also advise on Judicial Review and applications to the Criminal Cases Review Commission (CCRC).
Appeals against Conviction – Youth Courts
Youth courts are held at a Magistrates’ Court and deal with young offenders aged between ten and 17 for offences such as theft and burglary, antisocial behaviour and drugs offences.
More serious crimes involving young offenders will be referred by the Youth Court to the Crown Court.
Appeals for convictions in the Youth Court are made via the Magistrates’ Court and Duncan Lewis prison law solicitors can further advise on how to appeal conviction in a youth court.
Duncan Lewis Prison Law Solicitors – When to contact us
Call Duncan Lewis as soon as possible for legal advice on appeals against conviction or any other prison law matter.
Duncan Lewis can visit clients already serving custodial sentences in prison – and next of kin and families can contact our criminal appeals team on behalf of a loved one.
Duncan Lewis Prison Law Solicitors – How to contact us
There are Duncan Lewis offices nationwide – and our prison law solicitors regularly visit police stations, prisons and courts to advise on criminal law and prison law, including appeals against conviction.
For expert legal advice on appeals against conviction, call Duncan Lewis prison law solicitors on 020 7923 4020.
For urgent prison law advice or 24/7 help at a police station, call the Duncan Lewis Emergency Hotline on 020 7275 2036.
Duncan Lewis is a leading provider of Legal Aid criminal law and prison law services.