Series 2 Episode 3 - How to appeal against a Crown Court conviction
(00:35:19)
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.
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