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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70720
Experience:  Over 5 years in practice
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My son is trying to appeal his case he was convicted for. he

Resolved Question:

hello...my son is trying to appeal his case he was convicted for. he asked me to find out a couple of issues.
can you be found guilty of a crime outside your indicmeant period.
if a barrister during a trial proved a witness was lying what should be done.
if witnesses had got together before a trail and had then changed there statements
he has asked me to ask these three quesions.
regards
Mrs Baines
Submitted: 2 months ago.
Category: Law
Expert:  Jo C. replied 2 months ago.

Hi - what was his conviction and when was this please?

Customer: replied 2 months ago.
He was convicted October last year
Child sexual offences
Customer: replied 2 months ago.
Can I help you with any more information
Expert:  Jo C. replied 2 months ago.

When was he convicted?

Customer: replied 2 months ago.
21 October 2016
Expert:  Jo C. replied 2 months ago.

He is out of time to appeal I am afraid.

Any appeal should have been pursued within 28 days of the adverse finding.

An application could be made now but probably it will be rejected on that basis.

The only way an appeal could be heard now is if fresh evidence were found.

Also, remember you need grounds to appeal from the Crown Court. Disliking the verdict is not adequate.

Lies in a witness is not necessarily enough to reject their evidence. People lie some things about one things and not about another. Clearly the jury were prepared to accept that here.

Can I clarify anything for you?

Jo

Customer: replied 2 months ago.
He has a barrister and a solicitor at the moment. The barrister took on his case for an appeal two months ago with legal aid funding. He said he had grounds for an appeal but now it's been refused. He received a letter yesterday.
Expert:  Jo C. replied 2 months ago.

Probably because it is out of time.

It might be worth an oral application if there are grounds.

Customer: replied 2 months ago.
Can you get this on legal aid ?
Expert:  Jo C. replied 2 months ago.

Not unless the application is successful.

If the oral application fails there will be no legal aid. That is one reason that it is difficult to find a barrister wiling to take it on if leave is refused.

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