In this episode as we continue with appeals, we hear about how people who have had their case heard in the magistrates’ court can appeal against their conviction and sentence and what actually happens during the process, which you’ll be pleased to hear is far simpler than appealing against a conviction or sentence in the Crown Court.

And we also go into the detail about perhaps the most complex type of appeal from the magistrates’ court, which is known as an Appeal by way of Case Stated and how a man who refused to pay a fixed penalty notice found himself in the Supreme Court.

And what is Judicial Review and how can it be used in a criminal case? In this episode we find out, including how a robbery charge against two youths ended up in front of the Lord Chief Justice.

This is the final episode of Series 2 of the Defence Barrister Podcast and I would like to take this opportunity to thank you all for listening.

We will be back early next year with more interesting and thought-provoking content which shows how, warts and all, the criminal justice system really works.

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, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe

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.

Thank you for your understanding.

CONTACT

Email: podcast@defence-barrister.co.uk

X https://twitter.com/defencebar

Instagram https://www.instagram.com/defencebar/

COPYRIGHT

Music and content created and recorded by Chris Kessling © 2024. All rights reserved.

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.

Content warning. This episode contains details (relevant to the legal issues being considered) of a case concerning the murder of a young woman in terrible circumstances which may cause distress to listeners.

In the vast majority of cases, once you have been sentenced, the prosecution are not entitled to appeal against that sentence, except where the sentence is within a relatively small category of offences which can be overturned by the Court of Appeal as being ‘unduly lenient’. In this episode we look at how this process really works.

And there are also situations where the prosecution can, following an acquittal, seek to clarify a point of law by appealing to the Court of Appeal (an Attorney-General’s reference), but whatever the outcome, it will not affect the defendant’s not guilty verdict.

Contrast this with the situation where the prosecution can seek to appeal against what is commonly known as a ‘terminating ruling’ by a Crown Court Judge (i.e. a legal ruling which usually has the effect of bringing the case to an end, such as the judge agreeing with a defence submission of no case to answer) where the Court of Appeal can set that ruling aside (sometimes very quickly) and the defendant, instead of believing that his or her case was at an end, must now see the trial through to its logical conclusion and await the jury’s verdict.

Thanks 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, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe

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.

Thank you for your understanding.

CONTACT

Email: podcast@defence-barrister.co.uk

X https://twitter.com/defencebar

Instagram https://www.instagram.com/defencebar/

COPYRIGHT

Music and content created and recorded by Chris Kessling © 2024. All rights reserved.

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.

Withdrawing a guilty plea and appeals following a plea of guilty.

What do you do if you have pleaded guilty to a criminal offence, but now realise you were not in fact guilty? In this episode we find out how the courts deal with applications to withdraw or vacate guilty pleas, and on what grounds you can appeal against your conviction based on your own plea of guilty.

I hope you enjoy this episode and 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, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe

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.

Thank you for your understanding.

CONTACT

Email: podcast@defence-barrister.co.uk

X https://twitter.com/defencebar

Instagram https://www.instagram.com/defencebar/

COPYRIGHT

Music and content created and recorded by Chris Kessling © 2024. All rights reserved.

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.

Is there such a thing as an appeal against a verdict of Not Guilty?

In this episode we look at the law on what is commonly known as double jeopardy, the idea (entrenched in law for many hundreds of years) that once you have been lawfully tried for an offence and a verdict entered, that is the end of it, even if you are acquitted.

In this series I have looked at numerous examples of when people are wrongfully convicted of a crime, and the various grounds of appeal that might be available to quash a wrongful conviction.

But what about when it can be shown that someone has been wrongly acquitted? Can their Not Guilty verdict be quashed and can they be tried all over again for the same offence? In this episode we find out.

I hope you enjoy this episode and 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, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe

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.

Thank you for your understanding.

CONTACT

Email: podcast@defence-barrister.co.uk

X https://twitter.com/defencebar

Instagram https://www.instagram.com/defencebar/

COPYRIGHT

Music and content created and recorded by Chris Kessling © 2024. All rights reserved.

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.

In this episode we go to the Court of Appeal Criminal Division to hear the appeal of Aidan Johnson against his conviction for the murder of Daniel Clarke.

Seeking to overturn the conviction on the grounds of fresh evidence and material non-disclosure, Gabriella Hadden - Aidan’s barrister - is confident in her approach, but sometimes hearings in the Court of Appeal can be less straightforward than you anticipated!

I hope you enjoy this episode and 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

Attorney General v Crosland [2021] UKSC 15 https://www.supremecourt.uk/cases/docs/uksc-2021-0099-judgment.pdf

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

Email: podcast@defence-barrister.co.uk

X https://twitter.com/defencebar

Instagram https://www.instagram.com/defencebar/

COPYRIGHT

Music and content created and recorded by Chris Kessling © 2024. All rights reserved.

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.

Identification, science and non-disclosure as grounds of appeal in criminal cases

Warning: this episode contains a criminal appeal case in which limited reference is made to sexual violence. Listener discretion is advised.

In Episode 5 of Series 2 of the Defence Barrister Podcast, we move on to another case which depended considerably on eyewitness evidence, and how the Court of Appeal dealt with it, and that is the case of Andrew Malkinson, a case where advances in scientific evidence came to his aid, albeit many years after his conviction.

This was a case in which the grounds of appeal also raised clear failures by the prosecution to act in accordance with its duty of disclosure, so we’ll look at that too, and also why non-disclosure was at the heart of the multiple miscarriages of justice in the Post Office appeals.

I hope you enjoy this episode and 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

Malkinson [2023] EWCA Crim 954 https://www.judiciary.uk/wp-content/uploads/2023/08/Malkinson-v-the-King-070823-judgment2.pdf

Hamilton and others v Post Office Limited [2021] EWCA Crim 21 https://www.judiciary.uk/wp-content/uploads/2022/07/Hamilton-Others-v-Post-Office-judgment-230421.pdf

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

Email: podcast@defence-barrister.co.uk

X https://twitter.com/defencebar

Instagram https://www.instagram.com/defencebar/

COPYRIGHT

Music and content created and recorded by Chris Kessling © 2024. All rights reserved.

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.