Navigating a criminal appeal or pursuing a judicial review can be daunting, especially when the decisions being challenged carry serious legal and personal consequences. Given the scale of potential impact, these processes are not to be faced alone. Swift and informed legal support can make all the difference.
If you feel you have been treated unfairly or that the law has been incorrectly applied in your sentencing decision, then we will take the time to identify and challenge a conviction or sentence, striving to find new evidence that may overturn the original decision.
At Carson Kaye, we have garnered a strong reputation for achieving successful results for our clients, helping to overturn decisions related to a wide range of criminal offences.
Appeals and judicial reviews demand the highest level of legal accuracy and procedural standards. Clients across London and nationwide trust us to handle complex and sensitive matters with discretion, clarity, and determination.
Our specialist team of criminal appeals and judicial reviews solicitors can provide guidance with various matters, including:
- When to Consider a Criminal Appeal or Judicial Review
- Grounds for Criminal Appeals and Judicial Reviews
- Fighting Miscarriages of Justice
- Understanding Judicial Reviews
Contact our Criminal Appeals and Judicial Reviews Solicitors
Don’t wait to defend your rights. Contact our expert criminal appeals and judicial reviews solicitors today by calling us on 020 8075 4147 or sending an email to info@carsonkaye.co.uk – a team member will contact you promptly.
Why Choose Our Criminal Appeals and Judicial Reviews Solicitors?
At Carson Kaye, our criminal appeals solicitors take pride in delivering tailored legal strategies that reflect our clients’ individual circumstances and long-term interests. Our work in criminal appeals and judicial reviews is rooted in a deep understanding of the justice system and a firm commitment to upholding our clients’ rights, treating each case with the utmost respect that it deserves.
Our reputation is built on results and recognition. This is reflected in our Tier 2 ranking by The Legal 500, highlighting our strengths in complex criminal litigation and appellate work. We are regularly instructed in high-profile matters, from challenging wrongful convictions to bringing judicial reviews against public bodies.
With a client base that spans individuals, professionals, and organisations across the UK, our appeals solicitors have extensive experience addressing challenging legal issues with clarity, tenacity, and discretion. No matter how complex the circumstances, we aim to provide focused advice, persuasive advocacy, and consistently high levels of support throughout the process.
The Criminal Appeals Process Explained
If you believe a conviction or sentence handed down by a court was wrong or unfair, you may have the right to appeal. The criminal appeals process provides an opportunity to challenge legal errors, procedural mistakes, or an excessive sentence. However, it is a complex area of law that requires careful assessment and expert guidance from the outset.
The first step in any appeal is to seek leave to appeal—permission from the court to proceed. This usually involves applying to the Court of Appeal (Criminal Division), supported by detailed legal arguments explaining why the original decision was flawed. Appeals must be lodged within 28 days, so timing is critical.
If leave is granted, a full hearing will be scheduled. The court will review the case based on written submissions, transcripts from the original trial, and, where necessary, oral arguments. In some cases, fresh evidence may be introduced if it was unavailable during trial and could significantly impact the outcome.
The appeal court has several options. It may uphold the original decision, reduce a sentence, quash a conviction, or order a retrial. The outcome will depend entirely on the strength of the legal arguments and whether the court is satisfied that a miscarriage of justice has occurred.
Because appeals are not a second trial, but rather a review of what went wrong, it is vital to work with a solicitor who understands appellate law's technical requirements and strategic considerations. At Carson Kaye, our criminal appeals solicitors in London and nationwide have extensive experience navigating this process and are here to provide clear, focused advice at every stage.
Our Criminal Appeals and Judicial Reviews Services
When to Consider a Criminal Appeal or Judicial Review
If you have been convicted or sentenced in a criminal court and believe that something went wrong during the process, it may be appropriate to consider an appeal. Similarly, if a decision made by a public authority, such as a police force, prison service, or regulatory body, was reached unlawfully or unfairly, a judicial review may be an option.
Criminal appeals are typically used to challenge unsafe convictions or disproportionately severe sentences. They are appropriate where there is reason to believe the court made a legal or factual error, new evidence has emerged, or the defence was not properly conducted. Judicial reviews, on the other hand, focus on whether a public body followed correct procedures and respected the limits of its legal powers.
Both options are time-sensitive and procedurally complex. Seeking early legal advice is crucial to preserving your rights and ensuring that any challenge is brought within the permitted timeframes.
Grounds for Criminal Appeals and Judicial Reviews
To succeed in a criminal appeal or judicial review, you must have strong legal grounds. For criminal appeals, common reasons include errors in law, misdirection by the judge, flawed jury instructions, or the emergence of new evidence that could not have been presented at the original trial. A sentence may also be appealed if it is manifestly excessive or legally incorrect.
Judicial reviews require different grounds. These focus on whether a public body acted unlawfully, irrationally, or unfairly. This could include a failure to follow proper procedures, acting outside of legal authority (ultra vires), or breaching human rights or legitimate expectations.
It’s important to note that appeals and judicial reviews are not about re-arguing a case. Instead, they involve identifying specific legal failings or abuses of process. A well-drafted application and expert legal advice can make the difference between success and rejection.
Fighting Miscarriages of Justice
Miscarriages of justice represent some of the most serious failures in the legal system. They can result in innocent individuals being wrongly convicted or unfairly imprisoned. When this happens, the criminal appeals process is often the only route to seek redress and clear one’s name.
At Carson Kaye, we are dedicated to correcting these injustices. We undertake a forensic review of every case, looking at trial transcripts, fresh evidence, expert reports, and procedural issues that may have been overlooked or mishandled. Our goal is to uncover what went wrong and build a persuasive argument for the Court of Appeal to reconsider the case.
Understanding Judicial Reviews
Judicial review is a powerful legal tool for challenging the decisions, actions, or inaction of public bodies. It does not question the merits of a decision but whether it was made lawfully, fairly, and within the limits of the authority’s powers.
This process is often used when no other remedy, such as a formal appeal, is available. Judicial reviews are most commonly brought against government departments, local authorities, regulatory agencies, and prison or immigration services.
The process begins by applying for permission from the court to proceed, followed by a full hearing if granted. Timing is critical, so most claims must be filed within three months of the decision. Because judicial review is highly technical, claimants must demonstrate a clear legal basis and a strong public interest in the outcome.
FAQs about Criminal Appeals and Judicial Reviews
How do Judicial Reviews Differ From Appeals?
Judicial reviews and appeals serve different legal purposes. An appeal challenges the outcome of a decision, arguing that a court or tribunal made a legal or factual error. In contrast, a judicial review examines the process by which a public body reached its decision, focusing on whether it acted lawfully, fairly, and within its powers.
Judicial reviews do not reconsider the facts of the case but scrutinise the legality of the decision-making process. They are particularly useful when no formal appeal route exists or when decisions are allegedly irrational, biased, or procedurally flawed.
How Long Does a Criminal Sentence Appeal Take in the UK?
The timescale for a criminal sentence appeal varies depending on the complexity of the case and the court’s workload, so there is no concrete answer. Once permission to appeal is granted, most cases are heard within a few months. However, delays can occur, especially if additional evidence or expert reports are involved.
Acting quickly is crucial, as appeals generally need to be lodged within 28 days of sentencing. A strong legal submission and clear justification for the appeal can improve the chances of it being heard swiftly and successfully.
How long does a judicial review take?
Judicial reviews typically take several months to conclude, though urgent cases can proceed more quickly. After filing a claim, the court must grant permission before a full hearing is scheduled, which can take 1 to 3 months.
Once granted, a full hearing might occur within 6 to 12 months, depending on court availability and the complexity of the issues. It’s important to carry out effective preparation, including clear grounds and supporting documents, which can help streamline the process and avoid procedural setbacks.
Who can apply for a judicial review in the UK?
To apply for a judicial review, the individual or organisation must have a perceived sufficient interest in the matter, meaning they are directly affected by the decision or action of a public body. This right isn’t limited to individuals; companies, charities, and pressure groups can also bring claims if they can show a legitimate interest.
However, judicial reviews must usually be started promptly and within three months of the decision being challenged, so timely legal advice is essential. The court will also consider whether alternative remedies, such as appeals, have been exhausted before proceeding.
Contact our Criminal Appeals and Judicial Reviews Solicitors
Don’t wait to defend your rights. Contact our expert criminal appeals and judicial reviews solicitors today by calling us on 020 8075 4147 or sending an email to info@carsonkaye.co.uk – a team member will contact you promptly.
