Series 2 Episode 4 - When trials go wrong Part 1 - Grounds of appeal against conviction

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Defence Barrister Podcast

Chris Kessling

27 episodes

6 days ago

How does the criminal justice system really work? From the police station, to trial, sentence and all the way to appeals, criminal barrister Chris Kessling takes you through the world of the criminal courts in England & Wales. Using real case examples, this podcast will enable you to navigate the criminal courts yourself and fully understand how they operate in practice. If you are accused of a crime, are a victim of crime, or are going to court as a witness - if you want to know the details of what to expect at trial, sentencing or the appeals process - this weekly podcast will bring the whole court system to life. Backed up by the hugely popular Defence-Barrister.co.uk website, the criminal justice system will never have been made so clear.

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Series 2 Episode 4 - When trials go wrong Part 1 - Grounds of appeal against conviction

Defence Barrister Podcast

40 minutes 40 seconds

1 year ago

Series 2 Episode 4 - When trials go wrong Part 1 - Grounds of appeal against conviction

Today we turn to grounds of appeal, i.e. the reasons why it is said that the jury's verdict is unsafe. And we look at a number of common grounds of appeal and the cases where they have been considered.

We cover judicial bias, lawyers’ incompetence, the admissibility of evidence, the rules on producing fresh evidence in support of your appeal, appeals based on the refusal of a submissions of no case to answer, material irregularities in the course of a trial, appeals based on changes in the law, as well as on errors of law and the special need for caution in eyewitness identification evidence.

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

Bias

Cole [2008] EWCA Crim 3234 https://www.bailii.org/ew/cases/EWCA/Crim/2008/3234.html

AA [2018] EWCA Crim 2191 https://www.bailii.org/ew/cases/EWCA/Crim/2018/2191.html

Incompetent representation

Coombes [2024] EWCA Crim 188 https://www.bailii.org/ew/cases/EWCA/Crim/2024/188.html

Ekaireb [2015] EWCA Crim 1936 https://knyvet.bailii.org/ew/cases/EWCA/Crim/2015/1936.html

Farooqi [2013] EWCA Crim 1649 https://www.judiciary.uk/wp-content/uploads/JCO/Documents/Judgments/r-v-farooqi-others.pdf

Admissibility (confessions)

Paris, Abdullahi and Miller (1993) 97 Cr App R 99 (Cardiff 3 appeal). (No full transcript publicly available)

Campbell [2024] EWCA Crim 1036 https://www.judiciary.uk/wp-content/uploads/2024/09/Oliver-Campbell-judgment-11.09.2024.pdf

Fresh Evidence

s.23 Criminal Appeal Act 1968 https://www.legislation.gov.uk/ukpga/1968/19/section/23

Jury misconduct

Haji [2024] EWCA Crim 955 https://www.bailii.org/ew/cases/EWCA/Crim/2024/955.html

Yussuf v Governor of HMP Belmarsh [2024] EWHC 692 (Admin) https://www.judiciary.uk/judgments/yusuff-and-others-v-the-governor-of-his-majestys-prison-belmarsh/

Identification

Turnbull [1977] QB 224 (CA)

PACE Code D - Code of Practice for the identification of persons by Police Officers https://www.gov.uk/government/publications/pace-code-d-2023

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.

The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred.

Thank you for your understanding.

CONTACT

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External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.