Criminal Appeal Lawyers & Solicitors in Scotland
"Not a single week goes by but that I am contacted by an accused and his family who complain that the accused has been wrongly convicted. Please accept that this happens every week. Our appeal court practice is the most challenging area of pratice. Once the trial has gone wrong, it is often too late to complain. It is essential therefore that you contact us as soon as you have any doubts about the conduct of your case, either at the stage of preparation or before the trial."
Gary McAteer, Solicitor Advocate
The complaints are invariably:
- A lawyer didn't investigate the case properly
- My lawyer didn't present the case well in court
- You'll never believed what happened at the trial
- I didn't think the police could ever do that
We will take on any appeal if we believe it has merit.
Appealing a Conviction or Sentence in Scotland
If you have been convicted of a criminal offence in Scotland, you may be able to appeal against your conviction, your sentence, or both. Depending on the court in which your case was dealt with, the appeal will be heard by the High Court of Justiciary or the Sheriff Appeal Court. An appeal is not a retrial: the appeal court considers whether there has been a miscarriage of justice.
Grounds of Appeal
Common grounds of appeal include:
- Fresh evidence that was not available at the trial
- Defective representation by the defence at trial
- A misdirection by the judge to the jury
- A verdict that no reasonable jury, properly directed, could have returned
- A sentence that is excessive
Time Limits for Criminal Appeals
Time limits for criminal appeals in Scotland are short and strictly applied:
- Solemn cases (jury trials): written intimation of intention to appeal against conviction must be lodged within two weeks of the final determination of the proceedings, followed by a written note of appeal.
- Summary cases – appeal by stated case: the application for a stated case must be made within one week of the final determination of the proceedings.
- Summary cases – appeal against sentence only: the note of appeal must be lodged within one week of the sentence being passed.
The appeal court can sometimes allow an appeal to be lodged late, but this is never guaranteed. If you are thinking about an appeal, contact our criminal appeal lawyers immediately.
After an Unsuccessful Appeal: the SCCRC
If an appeal has been refused, or the time for appealing has passed, the Scottish Criminal Cases Review Commission (SCCRC) can review a conviction or sentence. Where the Commission believes a miscarriage of justice may have occurred and that it is in the interests of justice, it can refer the case back to the High Court. We can advise on whether an application to the SCCRC is worthwhile.
The law firm that other lawyers recommend
Having acted in more than 150,000 cases in 60 years in every court in Scotland, the firm boasts a wealth of legal knowledge and expertise, particularly in the field of criminal law, employing creative legal thinkers to interpret the law and provide imaginative legal problem solving techniques.
Our team is led by Gary McAteer. Comprising 4 Solicitor Advocates, 1 Kings Counsel and 9 Solicitors along with qualified support staff, we boast unrivalled criminal defence expertise.
Contact our Criminal Appeal Solicitors Glasgow & Edinburgh, Scotland
Beltrami & Company are conveniently based near Glasgow city centre but operate throughout Scotland. Any calls to our offices out with normal business hours can be dealt with by an experienced solicitor.
