We have extensive experience advising post-conviction and launching appeals against conviction and sentence, often righting injustices allowed by the creaking justice system or overlooked by other legal teams. Where our clients have been unfairly treated as a result of a court or public body misapplying the law, we are experienced in utilising other avenues of appeal, including appeals by way of case stated and judicial review. When all other routes of appeal have failed, we don’t give up. We are experienced in investigations and finding fresh evidence missed by previous teams, forming the basis for applications to the Criminal Cases Review Commission (CCRC).
Our approach is simple but meticulous. We conduct a full top to bottom review of each case, working closely with the top appellate barristers in the country, to identify what went wrong and how to solve it. We leave no stone unturned, and if there is a route to appeal, we will find it.
Our expertise
BCL are ranked in Band 1 for Crime in Chambers and Partners and Band 1 for Crime: General in The Legal 500.
Appellate work is challenging, requiring expertise and experience. Identifying the reasons why a conviction may be unsafe demands close attention to detail and determination to get to the truth. Through our legal and analytical skills, we find errors within the trial process that may call into question the safety of a conviction. Outside of the trial process, we use our investigative skills and reputation for pursuing post-conviction disclosure to uncover fresh evidence, which can be the key to exposing a miscarriage of justice.
We provide beginning to end representation to guide you through the entire course of an appeal, including in connection with:
- advice and second opinions on appeal against conviction and sentence;
- representation at the crown court in appeals against conviction and sentence following proceedings in the magistrates’ court;
- representation at the Court of Appeal in appeals against conviction and sentence following proceedings in the crown court;
- preparing applications to the CCRC;
- judicial review in the Administrative Court;
- pursuing further post-conviction disclosure from prosecution agencies and third parties;
- identifying and instructing specialist forensic experts; and
- investigations and identifying fresh evidence.
Our experience
Examples of our instructions include:
- Representing an appellant convicted of conspiracy to supply cocaine and sentenced to five years’ imprisonment. Our client’s case was referred to the Full Court, following which his conviction was quashed and a retrial ordered. The Court of Appeal found that evidence at the original trial had been unfairly obtained and used by the prosecution.
- Acting for a consultant surgeon in a fresh evidence appeal. Our client was convicted of sexual assault and sentenced to six years imprisonment following allegations that he digitally penetrated the vagina of a patient without her consent and for no clinical reason. Following our instruction, we uncovered fresh evidence that the incident in question could not have happened when the complainant claimed it did. The case was referred to the Full Court and the fresh evidence accepted.
- Representing an appellant in appeal against sentence following sentence of five years for possession of a disguised firearm. This case was referred to the Court of Appeal with two other matters giving rise to general questions as to the circumstances in which section 23 of the Criminal Appeal Act 1968 applies to fresh evidence in appeal proceedings. The appeal was successful and our client’s sentence was reduced from five years to two and a half years.
- Acting for an IT consultant in appeal against sentence following conviction in relation to allegations of possession of indecent images of children. Following our analysis of the judge’s reasons for sentence and failings on the part of both prosecution counsel and the previous defence team, we identified serious failings in the sentencing process. The case was referred to the Full Court where our client’s sentence was reduced from five years to 18 months.
- Representing an appellant convicted of 10 counts and sentenced to 15 years for offences relating to child sex offences dating back to 2010. Advice on appeal concerning potential fresh evidence ongoing.
- Acting in a CCRC application on behalf of a client convicted and sentenced to life imprisonment for the murder of his lover, involving significant post-conviction investigation and identification of fresh evidence missed in earlier appeal proceedings.
Our reputation
BCL has long been top-ranked by the major legal directories in the area of Crime and is currently ranked as follows:
- Band 1 – Chambers and Partners, Crime
- Tier 1 – Legal 500: Crime
- Leading Firm – The Times Best Law Firms: Financial Crime & Fraud & Regulatory