Defence Barrister Podcast10 Sep 2024

Series 2 Episode 3 - How to appeal against a Crown Court conviction

How do appeals against conviction from the Crown Court really work?

In episode 3 of Series 2 of the Defence Barrister Podcast, we delve into the appeal process and exactly how you can seek to turn around a wrongful Crown Court conviction.

As we’ll find out, there is no automatic right to appeal against a Crown Court conviction, so what is the process of getting permission to appeal, and then if successful arguing your case in the Court of Appeal?

If you are successful, what powers does the court have and will there always be a retrial? We’ll find out.

And we’ll also look at the case of Tony Martin and how he overturned his conviction for the murder of a burglar who broke into his isolated Norfolk home.

Bear in mind that appealing against a Crown Court conviction is different in almost every way from appealing against a magistrates’ court conviction, and we’ll look at the appeal process from the magistrates in a later episode.

I hope you enjoy this episode and I look forward to you joining me again for episode 4 and the rest of Series 2.

As ever, thank you for listening.

NOTES

Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast on Life Sentences, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe

The ‘safety’ test for an appeal against conviction is laid out in s.2(1) of the Criminal Appeal Act 1968 https://www.legislation.gov.uk/ukpga/1968/19/section/2

Application for Permission to Appeal against Conviction (form NG Conviction + Guidance Notes) https://www.gov.uk/government/publications/criminal-appeal-office-form-ng-conviction

Notice of Application for bail (Form B)

https://www.gov.uk/government/publications/notice-of-application-for-bail

Guide to Proceedings in the Court of Appeal, Criminal Division https://www.judiciary.uk/guidance-and-resources/guide-to-proceedings-in-the-court-of-appeal-criminal-division-2/

PLEASE NOTE:

It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:

Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.

I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.

Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.

The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred.

Thank you for your understanding.

CONTACT

Email: podcast@defence-barrister.co.uk

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External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.

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Episoder(27)

Series 2 Episode 11 - Appeals from the Magistrates’ Court - Conviction, Sentence, Case Stated and Judicial Review

In this episode as we continue with appeals, we hear about how people who have had their case heard in the magistrates’ court can appeal against their conviction and sentence and what actually happens...

6 Nov 202440min

Series 2 Episode 10 - When the Prosecution Appeal - Unduly Lenient Sentences and Points of Law

Content warning. This episode contains details (relevant to the legal issues being considered) of a case concerning the murder of a young woman in terrible circumstances which may cause distress to li...

30 Okt 202439min

Series 2 Episode 9 - Appeals after Pleading Guilty

Withdrawing a guilty plea and appeals following a plea of guilty. What do you do if you have pleaded guilty to a criminal offence, but now realise you were not in fact guilty? In this episode we find ...

22 Okt 202436min

Series 2 Episode 8 - Double Jeopardy and Wrongful Acquittals

Is there such a thing as an appeal against a verdict of Not Guilty? In this episode we look at the law on what is commonly known as double jeopardy, the idea (entrenched in law for many hundreds of ye...

15 Okt 202433min

Series 2 Episode 7 - The Appeal of Aidan Johnson

In this episode we go to the Court of Appeal Criminal Division to hear the appeal of Aidan Johnson against his conviction for the murder of Daniel Clarke. Seeking to overturn the conviction on the gro...

8 Okt 202430min

Series 2 Episode 6 - How disclosure really works

In this episode, we take a deep dive into disclosure, that is how disclosure in criminal cases should actually work and why it is of vital importance in every criminal trial. What do the rules actual...

1 Okt 202434min

Series 2 Episode 5 - When trials go wrong Part 2 - Identification, Science and Non-Disclosure

Identification, science and non-disclosure as grounds of appeal in criminal cases Warning: this episode contains a criminal appeal case in which limited reference is made to sexual violence. Listener ...

24 Sep 202435min

Series 2 Episode 4 - When trials go wrong Part 1 - Grounds of appeal against conviction

Today we turn to grounds of appeal, i.e. the reasons why it is said that the jury's verdict is unsafe. And we look at a number of common grounds of appeal and the cases where they have been considered...

17 Sep 202440min