How Does the Appeals Process Work in the UK?

Question from mandy, How Does the Appeals Process Work in the UK?

Answer from AI:

Dear Mr. Hanley,

I hope this letter finds you well. I understand that you are interested in learning more about the appeals process following your conviction for murder at Manchester Crown Court. Below, I will outline the general process for appealing a conviction in the UK, the tests considered during an appeal, and how changes in the law of joint enterprise might affect your case.

The Appeals Process

In the UK, if you believe there has been a legal error in your trial or new evidence has come to light, you may have grounds to appeal your conviction. Here’s a general overview of the process:

1. Notice of Appeal: You must file a notice of appeal within 28 days of your conviction or sentence. This is a strict deadline, so it’s important to act quickly.
2. Grounds for Appeal: Your appeal must be based on specific grounds, such as a legal error during the trial, new evidence, or that the conviction is unsafe.
3. Permission to Appeal: You will need to apply for permission to appeal. A single judge will initially review your application to decide if there are sufficient grounds to proceed.
4. Appeal Hearing: If permission is granted, your case will be heard by the Court of Appeal. They will review the trial’s proceedings and any new evidence presented.
5. Decision: The Court of Appeal can uphold the conviction, quash it, or order a retrial.

Tests Considered in an Appeal

When deciding an appeal, the Court of Appeal will consider several factors:

• Legal Errors: Whether there were any errors in the application of the law during your trial.
• New Evidence: Whether new evidence has emerged that could significantly impact the outcome of the case.
• Safety of the Conviction: Whether the conviction is considered “unsafe” based on the evidence and legal proceedings.

Changes in the Law of Joint Enterprise

You mentioned hearing about changes in the law of joint enterprise. In 2016, the UK Supreme Court clarified the law in the case of R v Jogee [2016] UKSC 8. The court ruled that the previous interpretation of joint enterprise, which allowed for convictions based on mere foresight of a crime, was incorrect. Now, there must be proof of intent to assist or encourage the crime.

This change could potentially impact your case if your conviction was based on the old interpretation. However, each case is unique, and the likelihood of a successful appeal depends on the specific facts and evidence.

Next Steps

Given the complexity of the appeals process and the potential impact of changes in the law, I strongly recommend consulting with a legal professional who can provide personalized advice based on the specifics of your case. They can help assess the strength of your appeal and guide you through the process.

For more information, you may find it helpful to review resources from the [UK Courts and Tribunals Service](https://www.gov.uk/courts-tribunals/court-of-appeal-criminal-division) and the [Criminal Cases Review Commission](https://ccrc.gov.uk/).

I hope this information is helpful to you. Please do not hesitate to reach out if you have further questions or need assistance in finding legal representation.

Sincerely,

[Your Name]
Legal Information Resource