Miscarriages of JusticeUK (MOJUK)


Can a Person Go Back to The Court Of Appeal, if An Initial Appeal Has Been Dismissed!

The answer is Definitely in the affirmative and the CCRC can be bypassed.

If more than 28 days have passed since the original appeal, you will need a very good explanation as to why you are appealing out of time. 

It does not matter if it is 29 days, 29 months, 29 years or longer.

The process is called Criminal Procedure Rule CPR 36.15

No legal aid available at the application stage, but possible if the court accept and deem the application has merit!

Unless an applicant can afford Counsel, it goes onto the list as a non-counsel hearing.

The court registrar has no powers to block CPR 36.15 and it must be referred to the full court.

Though the application is a formal one stating the reasons and answers to the four questions in CPR 36.15, best to get a lawyer to make the application.

Self applications are not advisable, as the court might not take them seriously!

Note: Once an application is made it must go to the full court, so make sure you have counsel.

Get Form NG for Sentence/Conviction/Confiscation

Form NG Conviction should be completed if appealing against conviction;

Form NG Sentence should be completed if appealing against the sentence

Forms can be downloaded here: https://is.gd/n7lYQJ 

Hearing New Evidence

New evidence will be that the evidence being brought forward, was not adduced in the original proceedings (section 23(1)(c) Criminal Appeal Act 1968), if:

• it appears capable of belief;

• it may afford any ground for allowing the appeal;

• it would have been admissible;

• it is an issue which is the subject of the appeal;

• there is a reasonable explanation for the failure to adduce it.

The court can call persons who were not called at trial but who may be able to give relevant evidence to the Court of Appeal, such as jurors or lawyers.

The court has the power to compel the production of documents and the attendance of witnesses. These powers extend to hearings of applications for leave to appeal as well as the appeal itself.

If a person has only ever appealed against Sentence or Conviction and wishes to appeal the other, they can do so.

The Criminal Procedure (Amendment) Rules 2018

“Reopening the Determination of an Appeal

36.15.—(1) This rule applies where—

(a)a party wants the court to reopen a decision which determines an appeal or reference to which this Part applies (including a decision on an application for permission to appeal or refer);

(b)the Registrar refers such a decision to the court for the court to consider reopening it.

(2) Such a party must—

(a)apply in writing for permission to reopen that decision, as soon as practicable after becoming aware of the grounds for doing so; and

(b)serve the application on the Registrar.

(3) The application must—

(a)specify the decision which the applicant wants the court to reopen; and


(i)why it is necessary for the court to reopen that decision in order to avoid real injustice,

(ii)how the circumstances are exceptional and make it appropriate to reopen the decision notwithstanding the rights and interests of other participants and the importance of finality,

(iii)why there is no alternative effective remedy among any potentially available, and

(iv)any delay in making the application.

(4) The Registrar—

(a)may invite a party’s representations on—

(i)an application to reopen a decision, or

(ii)a decision that the Registrar has referred, or intends to refer, to the court; and

(b)must do so if the court so directs.

(5) A party invited to make representations must serve them on the Registrar within such period as the Registrar directs.

(6) The court must not reopen a decision to which this rule applies unless each other party has had an opportunity to make representations.

[Note. The Court of Appeal has power only in exceptional circumstances to reopen a decision to which this rule applies.]”; and

(d)amend the table of contents correspondingly.

16.  In Part 39 (Appeal to the Court of Appeal about conviction or sentence)—