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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69688
Experience:  Over 5 years in practice.
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Can you appeal against a conviction if a trial jury were not

Customer Question

Can you appeal against a conviction if a trial jury were not impartial and did not take into account that there was no evidence to substantiate a claim of attempted rape???
Submitted: 3 years ago.
Category: UK Law
Expert:  Jo C. replied 3 years ago.

Jomo1972 :

Hi Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

Jomo1972 :

Hello. Can you respond?

Jomo1972 :

You need to get leave to appeal a Crown Court verdict. There is no automatic right. You need to show that the conviction was unsafe to appeal successfully.

Jomo1972 :

The fact that there was no actual evidence to substantiate an allegation is not likely to be a ground of appeal I'm afraid. They can believe the evidence of witnesses. There are a large number of cases that confirm that.

Jomo1972 :

The fact that Jury were biased can be a ground of appeal.

Jomo1972 :

However, it depends what you mean by bias. If its just that they reached a decision with which you disagree then that is not bias I'm afraid.

Jomo1972 :

Hope this helps. Please let me know if you need more information.

JACUSTOMER-ab06ioe- :

They were bias as they did not consider that she changed her story constantly she stated her blouse was ripped in statement and under cross examination said it wasn't ??? said she has kicked and scratched and no marks were found, it feels like they never listened to the defense at all.

Jomo1972 :

Thats not bias I'm afraid. That is just reach a verdict with which you disagree.

Jomo1972 :

I am sorry but they are allowed to accept the Crown's case.