Being falsely accused of a crime is a distressing experience. There are several reasons why an innocent person could find himself or herself under investigation for committing a crime for example:
- Mistaken identity
- Misleading evidence
- Unintentional lying about the facts
- Intentional lying (where perhaps the accuser holds a personal grudge)
The prospect of court proceedings, penalties and the effect the ordeal may have on the lives of those falsely accused, as well as their families, only adds to the trauma.
A fundamental principle of the criminal law in the UK is the right to be presumed innocent until proven guilty.
However, there is a large team working to prove your guilt.
Cressey and Sons can help you to prove your innocence by quickly tracking down new witnesses or evidence.
If a convicted person feels they have not had a fair trial in the Crown Court, has been wrongfully convicted, or feels that the sentence imposed by the Judges is unfair, then they can take their case to the Court of Appeal (Criminal Division), where more Senior Judges will consider the merits of their case.
In order to avoid a logjam where the Court would be inundated with appeals, it is necessary to filter out any which are unlikely to succeed.
Therefore the Defendant must first get Leave to Appeal (permission) from the Court of Appeal, or a certificate stating the case is fit for an appeal from the Judge who originally heard the case.
A Court of Appeal Judge (there are 35 Lord Justices of Appeal) will decide whether the case is suitable for reconsideration. Only about a quarter of the cases put forward for appeal will actually be permitted to go ahead.
However, this is still not a guarantee that the case will ultimately be successful. The Court hears about 6,000 Criminal Appeals and applications each year.
Many innocent or partially innocent people can be wrongly convicted simply due to a poorly constructed criminal defence.
In order to lodge a successful appeal, you need new evidence that if it had been presented in the original case would have very likely affected the outcome.
Cressey and Sons can assist you to try and uncover previously unknown evidence or witnesses in a timely manner.