Was unable to appeal a conviction before the 21days limit.

[mic100]

I would welcome any advice any one can give me regarding a conviction I received last year for a 12 week sentence of which I served 6 weeks. It was a first offence (40years old) convicted at a magistrates court on my ex partners evidence who didn't expect me to go to prison.

As having no experience of the court system and unable to claim legal aid as I have a property, and also had no money at the time (back in my career now and all's good), I turned up without a solicitor and was sentenced.

When I arrived at Brixton prison I was unable to make any phone calls for the first 14 days due to some rule of it being a domestic offence and not being allowed access to a phone until your numbers are all checked out. So during this time I had no contact with the outside world. I did request via Brixtons 'Application Form' scheme access to the prisons Legal services Officer on two occasions and still have all the receipts and copies of requesting this.
Eventually the 21 days passed and two days before release the Legal Services Officer came to see me and apologised for not contacting me sooner due to staff shortages and the weather. They had been aware I was trying to contact them and as you were locked up 22 hours a day they had to find me. (it was last December during snow).
During the 21 days I had to appeal I also contacted the IMB (Independent Monitoring Board) who also replied to my request as to look into why I could not appeal while incarcerated and the representative agreed it was not correct. Again I have correspondence showing this.

So my question is who should I contact? Ministry of justice or the magistrates court whee I was sentenced? I am not looking for compensation in financial terms as I'm more than contented with my life. I just always assumed you had the right to appeal and it is surely against the law if you are stopped from doing so when one person can decide to imprison you without looking at all the evidence.

Any advice appreciated. Thank you.

[New Judge]

Before you consider an appeal (which will be difficult and you will need legal advice) you need to consider the grounds on which you are making it.

You say you were convicted by one person who decided to imprison you without looking at all the evidence. Presumably that one person was a District Judge sitting in the Magistrates' Court. But how is it that all the evidence was not examined? What were you convicted of and what are the grounds for wanting to appeal?

[mic100]

I was convicted of common assault after a domestic dispute with my ex partner. Unfortunately I had been assaulted by her on several occasions before. On this occasion when I was arrested I hit back but had already been punched, scratched and kicked. I knoew I should of just walked away. After I had been arrested and interviewed the next day the female officer had already taken a statement from my partner. Upon seeing my ripped clothes and injuries to my face and body I was advised that she would have to go back and take another statement as there was no mention of any injuries to me. The next statement from my ex contained allegations that I beat her on regular occasions etc because she believed she could also be charged with assault. I was initially advised by the police this would probably be dealt with a caution. The CPS had other ideas and their method of questioning in the magistrates court consisted of a chap just firing allegations at me in the same tone of voice with me saying thats untrue. The case went to a Newton Hearing as yes I did hit back in self defence but had never before only put up with the abuse.
Two weeks before the incident she had wanted to get engaged and I purchased a ring etc. Also we were trying for our second child but none of this was brought up in court. I had supplied several references from many of my female friends including ex partners who had previously come into contact with my ex and been on the receiving end of her temper. All confirmed I am not a violent person completely the opposite. None of these were looked at in court although I offered them. During my pre sentence probation meeting my evidence was continually not even looked at as it was a domestic dispute and anything my partner said must be true. Even the probation report advised that I was Scottish and was a construction worker. I am English and a structural engineer. Everything was worded for the maximum benefit of a conviction. Where this information came from I do not know but can only gather that anything that was given by my ex was taken down without question.

My grounds for wanting to appeal is the whole process was one sided without anyone looking at my evidence of photos of my injuries, ripped clothes and being advised by the district judge that perhaps she has overstated some of the allegations but some are true. Surely if you make a statement its all supposed to be true. You cant pick and choose.

[bednobs]

i dont think any one had to look at your injuries or take account of them -it was you on trial, not her

[New Judge]

As a "Newton Hearing" was held I assume you pleaded guilty and the hearing was to establish the facts of the matter. Presumably your version of events differed substantially from that of the prosecution (that's why Newton Hearings are held).

If this is so you have virtually no chance of having an appeal against conviction heard (after all, it is not reasonable to plead guilty and then expect the higher court to hear an appeal against conviction). You may be able to persuade the court to hear an appeal against sentence. This is a matter for the Crown Court to decide (not for the Magistrates' Court). You will certainly need to take legal advice to establish firstly if you have grounds to appeal and secondly to help with the process because, as you know, you are "out of time."

[mic100]

Thanks for your feedback New Judge

[markleech1]

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