Appeals – Criminal Appeals and Miscarriage of Justice (CCRC)
If you’ve been convicted of a crime, you may have the opportunity to appeal against the initial outcome. A conviction or a sentencing decision isn’t final in every case.
There may be grounds to argue that the decision was unreasonable, too harsh, or that the law was incorrectly applied. Our solicitors have plenty of expertise in criminal appeals and miscarriages of justice and can support clients sensitively and pragmatically at every stage of the appeals process.
We appreciate that being convicted of a crime can be an extremely difficult experience to go through, particularly if there are mitigating circumstances, and all the more so if you are innocent. Our criminal appeals solicitors at Wells Burcombe can assist clients in many different ways, to include:
- Appealing Crown Court decisions
- Advice and legal support for miscarriage of justice cases
- CCRC Applications
- The Court of Appeal Criminal Division
- Assistance if you are denied the right to appeal
Contact our expert solicitors today for a free initial consultation in London (West Drayton) on 01895 449288 or in Hertfordshire (St Albans) on 01727 840900 or by email us at info@wellsburcombe.co.uk.
Our Expertise with Criminal Appeals and Miscarriages of Justice
Appealing Crown Court decisions
If you do not agree with your sentence or conviction, and no mistakes have been made throughout the process, you have the option to appeal to the Crown Court. Criminal appeals and miscarriages of justice are often lengthy and complex why is essential that you gain specialist legal support.
We’ve supported many clients to challenge Crown Court decisions and we have an excellent success rate. Being given an unfair sentence can feel incredibly stressful and you’ll likely be concerned about the implications on your future. We can educate clients on the right of appeal and assist them so that they can achieve the most favourable outcomes possible.
Miscarriages of justice
A miscarriage of justice refers to the failure of a judicial system or court to attain justice, often involving the conviction of an innocent party. Such occurrences are incredibly serious, and can result in people serving long prison sentences for crimes which they are not guilty of.
If a person is convicted and later proven innocent through a criminal appeals process, a retrial, or due to new evidence, that person has the right to claim compensation. Individuals can apply for compensation for a miscarriage of justice if the conviction is overturned, so long as one of the following circumstances applies:
- The Criminal Cases Review Commission referred the case to the Court of Appeal and the case was later overturned
- The appeal was submitted within the correct time frame after your conviction, and your sentence was consequently overturned
- The individual was given a free pardon
CCRC Applications
The Criminal Review Cases Commission are an organisation that investigates miscarriages of justice, they offer a free service and accept applications from any individual who believes that they have been wrongly sentenced or accused of a crime.
When you make an application to the CCRC it’s advisable to have the support of a solicitor. Our expert team at Wells Burcombe can offer advice and guidance throughout every stage of the process to increase your chances of success.
The Court of Appeal Criminal Division
The Court of Appeal Criminal Division hear different types of appeals including Crown Court Convictions, sentences and confiscation orders.
Our lawyers have plenty of experience representing clients in a diverse range of appeal cases. Our solicitors will need to collect as much original documentation as possible, for example your defence case statement and the prosecution papers.
Appeal cases can be lengthy and complex which is why it’s imperative that you have an expert an criminal appeals lawyer to represent and guide you.
Permission to appeal
Under some circumstances, the Court Crown will deny the permission to appeal. These situations can feel extremely stressful, however, there are still options moving forward.
Our specialist solicitors can support you to renew your application. We can request that a ‘full court’ of judges grants you the permission you need to continue with your appeal. If you have any questions about the appeals processes, our criminal appeals and miscarriage of justice experts are happy to assist you.
Why choose our criminal appeals solicitors?
At Wells Burcombe, we take an empathetic and professional approach to every case, carefully explaining your options to you in a manner that you can easily understand. We recognise that our clients need a tailor-made service and will ensure that we take the time to listen to all of your concerns.
Our specialist solicitors have a wealth of experience representing people who have been affected by miscarriages of justice, and have considerable success overturning unsafe and wrongful convictions, as well as securing reductions in sentences.
We have a dedicated team dealing with every aspect of the appeals process. The department is run by Partner David Wells, who is recognised as one of the UK’s leading criminal appeals lawyers. He regularly writes for the prison newspaper Inside Time on various topics concerning criminal appeals. The firm also works closely with leading counsel in the field of criminal appeals.
To discuss appealing a decision made by the Crown Court get in touch with our legal team at Wells Burcombe today.
Frequently asked questions
What is the criminal appeals process?
If you would like to appeal a decision made by the Crown Court, you’ll need to submit an application.
Submitting an appeal gives you the opportunity to have your conviction/sentence changed, overturned, or to prove that a miscarriage of justice has taken place. To avoid squandering these opportunities, and to pursue the fair outcome that you deserve, it’s vital that you have expert legal support.
Our solicitors will start by assessing your case to determine whether we believe that you have the grounds for an appeal. The Crown Court should contact you within 80 days with information about your hearing date.
Your solicitor will work with you to prepare you for the hearing date, and ensure that you have a full understanding of the legal processes that follow.
Are there time limits for submitting an appeal?
To make an appeal to the Crown Court, the individual needs to make the application within 28 days of either the conviction or the sentencing, (depending on whether the person is appealing the sentence or the conviction).
What are the grounds for appealing a conviction?
The Court of Appeal are required to permit an appeal if the conviction is suspected to be unsafe. If a conviction is unsafe, this means that there is some doubt about the charge, and that the Court are unsure on whether a guilty verdict is accurate.
Can you appeal after pleading guilty?
When appealing to the Court Crown, you can appeal against a conviction and a sentence. You will have the option to do either no matter if you plead guilty or not guilty.
To discuss criminal appeals and miscarriages of justice contact our criminal appeals solicitors today for a free initial consultation. You can contact us in London (West Drayton) on 01895 449288 or in Hertfordshire (St Albans) on 01727 840900 or by email us at info@wellsburcombe.co.uk.