A convicted defendant is entitled to appeal against both conviction and the sentence imposed at the Crown Court.

Suki Randhawa of Kangs Solicitors comments upon procedural and evidential aspects.

If you have recently been sentenced at the Crown Court and believe that you may have genuine grounds of appeal, then you should immediately contact the team at Kangs Solicitors, which is experienced in preparing and presenting Appeals in respect of criminal convictions of every nature, through one of the following numbers:

Appeal Procedure | Kangs Criminal Appeal Solicitors

  • An Application to appeal conviction and/or sentence should generally be made within twenty-eight days of the Sentencing Hearing,   
  • However, Section 18(3) of the Criminal Appeal Act 1968 provides that the time for giving notice maybe extended either before or after it expires, but there must be good specific reason(s) in order to satisfy the Court of Appeal that such period should be extended.
  • In the first instance, the Application is one seeking permission to Appeal and the Notice of Appeal and the drafted Grounds for Appeal, which are required to accompany the Notice, will be considered at the Court of Appeal by a single Judge.
  •  If the single Judge considers that there is sufficient merit for the proposed Appeal to proceed, it will be allowed to go to the full Court of Appeal for a Hearing. 
  • If the single Judge refuses permission, an Application can still be renewed for Hearing before the full Court of Appeal.  However, extreme caution has to be exercised before proceeding with an Appeal in this fashion because, if it is found to be without merit, the period of time in prison which the defendant has served to that point may be disallowed with the result that the defendant is required to re-serve that period.

Admissibility Of New Evidence | Kangs Conviction Appeal Solicitors

The Law

The Criminal Appeal Act 1968 provides:

Section 23:  

For the purposes of an appeal or an application for leave to appeal, if the Court considers it necessary or expedient in the interests of justice, it may receive evidence not adduced in the Proceedings from which the appeal lies. 

Section 23 (2) – the factors that ought to be considered by the Court when considering whether to receive any evidence and 

Section 23(2)(d) – for where there is a reasonable explanation for the failure to adduce the evidence in the Proceedings which have given rise to the appeal.

Recent Court Of Appeal Decision

  • The Court of Appeal recently considered an Application for Leave to Appeal against conviction out of time coupled with an Application to Review Fresh Evidence where the extension requested was one thousand and twenty-one days. 
  • The Court decided that the Applicant would suffer significant injustice if Leave to Appeal was not granted.
  • The Applicant had been convicted upon the evidence of his ex-partner who alleged that he had submitted false documents with his immigration application to remain in the UK.
  • After the Applicant had served his custodial sentence, several new matters came to light including the fact that the ex- partner had made an allegation of rape against his brother and the discovery by the Police of evidence affecting the credibility of the witness evidence provided by the ex-partner.
  • The Court of Appeal subsequently accepted that evidence had been manufactured in a manner which was highly material in terms of the safety of the Applicant’s conviction.
  • Accordingly, the Court of Appeal allowed this fresh evidence, the Appeal was allowed and the conviction was quashed. 

How Can We Help? | Kangs National Criminal Defence Solicitors

If any of the issues raised in this article affect you and you believe that you may be entitled to  appeal against a conviction and/or sentence at the Crown Court, you should seek expert legal advice.

The team at Kangs Solicitors is able to assist in respect of criminal allegations at every level from interview to appeal stage.

Hamraj Kang leads an award-winning team of solicitors, nationally reputed for its excellence in serious complex investigations of every nature.

We welcome any enquiries by telephone or email.

Our team of lawyers is available to meet at any of our offices in London, Birmingham or Manchester, or alternatively we are happy to arrange a meeting via video conferencing. 

Our team can be contacted through any of the following who would be happy to discuss your situation with you:-

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 

Amandeep Murria
amurria@kangssolicitors.co.uk
0121 449 9888 | 0161 817 5020

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396