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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Jo I was trying to find out how much it cost to ask questions

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Hi Jo I was trying to find out how much it cost to ask questions on here
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
I'm looking for advice on how to write a letter to the appeal court for a criminal conviction (not me) for a wrongful conviction. A key witness wasn't there and there was no evidence as it was an historic case whereby a jealous ex girlfriend obviously wanted revenge for breaking up. The jury gave a guilty verdict with no evidence and now convicted and in prison but waiting for sentencing. He wants to do a polygraph test to prove his innocence but it's trying to get it done when in prison.
Expert:  Jo C. replied 8 months ago.
Polygraph tests don't prove innocence. They are very unreliable and not usually admissible in criminal courts.He needs to find a ground of appeal if he wishes to seek leave. The key witness might be a ground. It depends what that witness is going to say or not say.You have 28 days from the date of sentence and counsel will advise upon it.Can I clarify anything for you?Jo
Customer: replied 8 months ago.
Thank you for your help. I don't know what to suggest to them then (polygraph not admissible) as thought this was the only way to prove he was and is telling the truth, as an innocent person will be imprisoned (not yet sentenced, but in prison due to verdict - of which there was no evidence). The witness was there at the time so can confirm that the ex's claims are false, and is impartial as a neighbour. The 28 days from verdict was last Friday but his barrister didn't let him know as dealing with his family and not him, and he doesn't know how he can appeal as need to complete documents which cannot obtain from the internet in prison.
Expert:  Jo C. replied 8 months ago.
it is 28 days from sentence not conviction.Generally speaking the Court of appeal will tolerate some delay if the point is a good one.He needs to find a ground of appeal if he wishes to seek leave. The key witness might be a ground. It depends what that witness is going to say or not say.
Customer: replied 8 months ago.
It says on the appeal court government website that it has to be within the time of verdict (for the conviction itself, but obviously sentencing too but as of yet don't know what that is, only that it will be a custodial one) as he quite literally has been found guilty for something he hasn't done, and apparently he cannot counter sue her for perverting the course of justice as the jury found him guiltyThis is what I found on the website:-For a conviction, you must appeal within 28 days of the date of your conviction - even if you were sentenced at a later date.
If you only want to appeal against your sentence, the 28-day period starts from the date you were sentenced.I know that he will have to do an accompanying letter as well as the 'NG' and 'Witness' forms but not sure how he should address the letter, does it have to be an official letter, or could he just write an accompanying one by hand?
Expert:  Jo C. replied 8 months ago.
I'm not sure what I can add to this really.You have 28 days from sentence.You have to submit written grounds seeking leave to appeal.If that is refused an oral application can be made although there is no legal aid so it is risk for counsel but usually somebody will do it especially from a London chambers as the RCJ is so close.There need to be grounds that render the verdict unsafe. An absent witness can be one.
Customer: replied 8 months ago.
Thank you Jo, I will pass that onto his family, much appreciated.
Expert:  Jo C. replied 8 months ago.
No problem. All the best. Please remember to rate my answer.

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