Defence Barrister Podcast17 Sep 2024

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.

We cover judicial bias, lawyers’ incompetence, the admissibility of evidence, the rules on producing fresh evidence in support of your appeal, appeals based on the refusal of a submissions of no case to answer, material irregularities in the course of a trial, appeals based on changes in the law, as well as on errors of law and the special need for caution in eyewitness identification evidence.

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

Bias

Cole [2008] EWCA Crim 3234 https://www.bailii.org/ew/cases/EWCA/Crim/2008/3234.html

AA [2018] EWCA Crim 2191 https://www.bailii.org/ew/cases/EWCA/Crim/2018/2191.html

Incompetent representation

Coombes [2024] EWCA Crim 188 https://www.bailii.org/ew/cases/EWCA/Crim/2024/188.html

Ekaireb [2015] EWCA Crim 1936 https://knyvet.bailii.org/ew/cases/EWCA/Crim/2015/1936.html

Farooqi [2013] EWCA Crim 1649 https://www.judiciary.uk/wp-content/uploads/JCO/Documents/Judgments/r-v-farooqi-others.pdf

Admissibility (confessions)

Paris, Abdullahi and Miller (1993) 97 Cr App R 99 (Cardiff 3 appeal). (No full transcript publicly available)

Campbell [2024] EWCA Crim 1036 https://www.judiciary.uk/wp-content/uploads/2024/09/Oliver-Campbell-judgment-11.09.2024.pdf

Fresh Evidence

s.23 Criminal Appeal Act 1968 https://www.legislation.gov.uk/ukpga/1968/19/section/23

Jury misconduct

Haji [2024] EWCA Crim 955 https://www.bailii.org/ew/cases/EWCA/Crim/2024/955.html

Yussuf v Governor of HMP Belmarsh [2024] EWHC 692 (Admin) https://www.judiciary.uk/judgments/yusuff-and-others-v-the-governor-of-his-majestys-prison-belmarsh/

Identification

Turnbull [1977] QB 224 (CA)

PACE Code D - Code of Practice for the identification of persons by Police Officers https://www.gov.uk/government/publications/pace-code-d-2023

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

X https://twitter.com/defencebar

Instagram https://www.instagram.com/defencebar/

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.

Det här avsnittet är hämtat från ett öppet RSS-flöde och publiceras inte av Podme. Det kan innehålla reklam.

Avsnitt(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