Being able to appeal a civil litigation decision or criminal conviction is central to the English legal system. I have over 15 years’ experience in running appeals – advising and representing clients to ensure the most positive outcome is reached. As a passionate advocate for access to justice and ensuring everyone receives a robust defence, I have been recognised by the Legal 500 as a leading barrister. I am also a member of the Criminal Bar Association and the Fraud Lawyers Association.
Civil and Criminal Appeals Barrister
I have an in-depth understanding of the court system in England and Wales and can quickly evaluate factual circumstances in order to build a strong, persuasive appeal. I can also provide a second opinion on a case if you feel your defence was not conducted as robustly as it should have been.
Deciding to appeal a civil judgment or criminal conviction and/or sentence is a risk, in both your time and money. I rapidly find the underlying cause of issues and will provide a straight-forward risk-assessment regarding your appeal and its chances of success.
Can I appeal a criminal conviction or sentence?
As an expert civil and criminal law barrister, based in London, I have extensive experience of conducting appeals against convictions and sentences for my clients. This is a very complex area of the law that can have an enormous impact on your life which, is why you should always seek quality legal advice.
Overturning a conviction or sentence can be difficult, and there are few law firms who will give you the time and expertise to put together an expert appeal.
Do I have the right to appeal?
This depends on which court the case was heard in. Once I have some initial information, I will be able to tell you whether you can appeal your conviction, sentence, or both. This area of the law is complex, and it may be that there were errors as to law and/or fact that need to be examined in detail before you make the decision to appeal.
A decision of the Magistrates can be appealed by way of an appeal to the Crown Court. Once convicted the appeal should be lodged within 28 days of the sentence being passed. The appeal is by way of a rehearing of the hearing at the Magistrates’ Court by a Judge and two magistrates. There is an automatic right of appeal, but an unsuccessful appeal may result in costs being awarded against you. I will give you a realistic assessment of your chances on appeal.
A conviction in the Crown Court can only be appealed if the conviction is deemed to be “unsafe”. You must have grounds upon which to base your appeal and cannot appeal a conviction merely because you don’t like it. I will advise you as to whether you have arguable grounds of appeal, and if so I will settle and argue them before the Court of Appeal.
A sentence can only be appealed if it is wrong in law or deemed to be manifestly excessive. We will advise you as to whether your sentence is either wrong in law or manifestly excessive and, again, if so, I will settle grounds and argue them before the Court of Appeal.
Such grounds of appeal should be submitted within 28 days of conviction/sentence, but appeals can be heard “out of time” if it is in the interests of Justice.
I specialise in the following areas, Magistrates Court Appeals, Crown Court Proceedings, Court of Appeal, The Supreme Court, and the European Court of Human Rights.
By instructing me directly, your company can benefit from the cost-effectiveness of receiving the advice of expert counsel without having to instruct a Solicitor. However, if your matter requires the skills of a Solicitor, I will immediately inform you of the fact and work alongside your chosen representative.