CCRC & criminal appeals

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09 January 2017
Georga Godwin, from national law firm Scott-Moncrieff, represents clients with serious mental health issues and their families. She says her clients are victims of a vicious circle of under-funding. She says: “The Government claiming that social effo...
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The ‘New Year itch’ - Law Society event addresses solicitors’ annual search for better work/life balance A Law Society event on 26 January 2017 addresses the legal sector’s annual ‘New Year itch’ when solicitors search for a better work/life balance,...
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Jonathan Rayer writes for The Law Gazette reflecting on Lucy Scott-Moncrieff’s high profile and eventful career in law as founder and managing director of Sco Mo; as president and then council member of the Law Society; mental health tribunal ju...
28 September 2016
Sulaiman Lee, film of whose arrest by more than six Metropolitan Police officers in Brixton on 1 September was posted on many news outlets, is to launch a formal complaint against the force. He has appointed Terence Channer of national law firm Scott...

The judge’s decision doesn’t always have to be final…

We all know that miscarriages of justice can happen and when they do you need the strongest, most experienced team on your side. Only a law firm like Scott-Moncrieff has full expertise in this highly demanding area of the law and can manage this type of case swiftly and carefully. 

Whether you’re accused of a major crime or of something relatively minor, wrongful conviction is a traumatic experience, affecting you, your family and your friends too. It touches every part of your life and we’re proud of our impressive track record across a huge range of criminal cases, appeals and reviews, to help people in these most serious of circumstances.

Issues in the criminal justice system can go wrong for all manner of reasons – sometimes because an honest mistake or misjudgement is made, more rarely because of deliberate wrong-doing. Scott-Moncrieff is best-placed to guide you out of the maze. We have a particular interest in applicants who wish to argue that they should have received a hospital order under the Mental Health Act, rather than a prison sentence. 

Our team of criminal lawyers act for clients throughout England and Wales, including London, Manchester, Bradford, Leeds, Liverpool, Nottingham, Sheffield, Bristol and Newcastle.
 

Overturning miscarriages of justice

Patience when it counts

Criminal appeals in England require a painstaking and patient approach, with a genuine commitment to the rights of the individual to have their case reopened if there is even the slightest hint of doubt. Our lawyers will work tirelessly for your cause if there’s reason to suspect justice has not been done. Success will depend on uncovering a new legal argument or a new piece of evidence.

It’s likely to take time to arrive at a satisfactory resolution but you can be confident that at every stage of the process our criminal solicitors will work tirelessly on your behalf – and always keep you abreast of our progress. Our solicitors advise on possible miscarriages of justice, dealing with appeals against both conviction and sentence, including minimum term (or tariff) cases.

Can I appeal against my sentence, even if I’m guilty?

Our CCRC solicitors act in cases where the conviction isn’t in question but where the sentence may have been unfair or unlawful. Even if a conviction isn’t unsafe, it’s possible to argue that the sentence was too harsh because it didn’t take account of particular circumstances. 

If a mistake has been made with regard to the duration of a prison sentence or to the size of a fine we believe it’s essential to put it right. The legal system is designed to ensure that there’s an opportunity to revisit suspect decisions and our expert lawyers have the know-how and flair to make sure a speedy and fair resolution is reached.

Our criminal solicitors also secure hospital orders under the Mental Health Act for clients who believed that they should never have been given a prison sentence.

How does the Court of Appeal work?

If appropriate we’ll take your case directly to the Court of Appeal. If appeal rights have already been exhausted, our criminal solicitors can prepare your case for submission to the Criminal Cases Review Commission (CCRC). The CCRC was set up in the wake of a series of prominent miscarriages of justice. It is the independent organisation established to investigate suspected miscarriages from magistrates courts, the Crown Court in England, Wales and Northern Ireland and the Court Martial and Service Civilian Court.

At every stage of the process, we’ll work tirelessly to make sure your appeal gets the hearing it deserves and we’ll make sure you’re always up-to-speed with developments.

How can I fund my case? Legal Aid Criminal Appeals Solicitor England & Wales

In some cases it’s possible to use Legal Aid to fund an appeal. Scott-Moncrieff has a contract with the Legal Aid Agency so at the very outset, we’ll examine the details of your case and give you the best possible advice about how to make your legal action as affordable as possible.

If Legal Aid isn’t an option, we’ll work with you to identify the most appropriate funding route. And we’ll make sure we keep you 100% informed about costs as your case progresses, so there won’t be any nasty surprises at the end.

Contact our Criminal Solicitors in London, Bolton and Nottingham

For more information on criminal appeals and the CCRC, get in touch via our online contact form or call our team now on 02078411099.

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