Welcome to the second edition of our Criminal Appeals Bulletin.
The Bulletin aims to highlight recent changes in case law and procedure, and to provide practical guidance to those advising on appellate matters. Where possible we have hyperlinked the authorities in the articles to the full judgments on BAILLI or HUDOC.
The articles are wide ranging and are written by expert counsel with specialist appellate experience. In this edition Joel Bennathan QC reflects on his case of Gurpinar and another [2015] and looks at how the Court of Appeal is dealing with the defence of “loss of control”. Katy Thorne analyses her case of Hutchinson [2015] and the issue of whether whole life tariffs are compatible with the ECHR, and Kirsty Brimelow QC looks at her case of R (Wang Yam) v CCC and the approach of the ECHR to disclosure of “in camera” material. Finally, Paul Taylor sets out the approach of the Court of Appeal when dealing with a ground criticising the trial lawyers. We hope that the articles are of interest to you.
New Webpage
We have recently updated the criminal appeals section of our website, which now includes a series of useful links and more information about our work in this area. Please do take a look by clicking here.
Training
As one of the leading chambers for criminal appeals, members of the Doughty Street Appeals Unit regularly lecture on appellate topics. Please contact Maurice MacSweeney, our Business Development Director, if your firm is interested in an in-house seminar. Another exciting development has been the launch of our You Tube channel, which now hosts a training video on criminal appeals - click here for more information, or see the article below.
Appeals advice line
Since 2012 we have run a free criminal appeals advice line for solicitors, offering preliminary advice and guidance on cases raising potential appeals, issues of judicial review, case stated and applications to the CCRC. If you would like to discuss any of your cases with one of our team – free of charge - please don’t hesitate to be in touch.
Seminar - Personality Disorders - Monday 6th July You may also be interested in a CPD-accredited seminar our Crime Team has coming up on Monday 6th July as part of our joint series with Forensic Psychiatry Chambers. Dr Cleo Van Velsen and Rebecca Trowler QC will look at trial and sentence issues in cases involving defendants with personality disorders, as well as looking at how such cases were approached in the Court of Appeal. For more information, and to book, please click here.
We are always interested in your feedback, positive or negative! Do let us know what you think.
If you would like to know more, or discuss how our barristers may be able to help you and your clients, please contact Maurice MacSweeney, our Business Development Director, on 020 7404 1313.
Since 2012 a tension has built up between the Court of Appeal and the European Court of Human Rights on the issue of whole life terms for prisoners. Katy Thorne sets out some of the latest developments, and previews the important UK case of Hutchinson, in which members of Chambers are instructed, and which has been referred for a full hearing before the Grand Chamber.
In the last edition of the Bulletin, Paul Taylor looked at fresh evidence as a ground of appeal. In the second of his regular features, he sets out the key case law and practical tips for newly instructed solicitors considering an appeal based on criticism of the trial lawyers. The Court has set a high threshold for this ground to succeed. Members of Chambers have extensive experience in advising on and arguing this ground.
October 2010 saw the disappearance of the common law partial defence to murder of provocation, to be replaced with "loss of control". The Court of Appeal has recently considered this new statutory defence, but as Joel Bennathan QC points out, the Court will need to be more helpful in future cases on this point.
Another case which will explore the tensions between the England and Wales courts and the European Court of Human Rights is the application by Wang Yam, convicted of murder during a re-trial in which much of the case was heard in camera, who now appeals to Strasbourg on the basis that his trial breached his Article 6 rights. Kirsty Brimelow QC is involved in the case, and sets out some more detail.
We are pleased to announce the launch of the Doughty Street Chambers You Tube channel which will be used to host short videos and training updates for our solicitor clients and colleagues. This first video is aimed at assisting solicitors and case workers who are advising on an appeal against a criminal conviction. It provides an overview of how to identify potential grounds of appeal (criticism of trial lawyers, fresh evidence and errors in the summing up), and gives practical guidance on how to prepare the case. The accompanying powerpoint presentation can be downloaded by clicking here.
New Criminal Appeals Handbook Published
Joel Bennathan QC has co-authored the new Criminal Appeals Handbook published by Bloomsbury, which was launched at a reception at Doughty Street on 28th May. Co-authored by Greg Stewart of GT Stewart Solicitors and Daniel Jones, a barrister, the Handbook provides practical assistance to legal representatives of clients who are seeking to challenge convictions or sentences in the Court of Appeal and beyond. It will also be of interest to those convicted and their families by assisting them to understand the process, their rights and their options.
It addresses how to obtain advice including funding for advice and assistance legal aid, potential grounds of appeal, lodging, etc. and follows the process through to the conclusion of the case in the Court of Appeal. The book also includes a section on Appeal to the Supreme Court followed by reference to the Criminal Case Review Commission, then finally international remedies (ECtHR and UNHRC).
This new publication aims, above all, to be a practical and user-friendly companion for navigating the increasingly complex field of criminal appeals. Priced at £50, it will also suit the budget of most with an interest in this area. It can be ordered from the publishers by clicking here.
