Re trial

[sukkie]

Hi all, I have only been back in Uk after many years in another country . I have a friend who's son was over here on 2 year visa and has now been put in jail for assault against a lady. I have know this kid since he was a little boy and know he would never have assaulted a lady, old fashioned upbringing etc........ will his lawyer be able to discuss this and a retrial with his parents if they come over here for a few weeks?

[bednobs]

well, to be honest, how well do you know another person? you admit yourself you havent seen him for two years (if he has ben here, and you have been away) He could have changed, he could have got into drugs, he could have admitted it, he could have been provoked.

I think you only get a retrail if the conviction was unsafe, or if due legal process wasnt served. You might be thinking of an appeal? ....
As to what the lawyer can talk about with his parents, i would assume it is up t your friend how much the lawyer discloses to a 3rd party, as he might not want it discussed with his parents,

[sukkie]

Thanks for the answer, but I saw this young lad about a month ago, I have been back in the uk for two years after living abroad. I have been friends with his mother and the whole family for 20 years. He has not changed, he is a young naive farm lad and seems to have got lost in the english system. He was with another young man who I do not know and they and the lady were all drinking too much but it seems no statement was taken from this other chap and he left the country three weeks later.

[Buenchico]

There is no automatic right for a convicted person to have an appeal against conviction heard brought before the Court of Appeal.

The solicitor will consider the circumstances of the case to decide whether, in his opinion, there are grounds for appeal. (These might include evidence not being placed before the court or improper summing up by the judge). If the solicitor thinks that there may be valid grounds for an appeal, he will apply for leave to appeal. This will only be granted if the judge who considers the application is satisfied that there are valid grounds.

The appeal process usually takes several months. Although the judge who hears the initial application can order the release, on bail pending the appeal hearing, of the convicted person, this is unusual.

The solicitor will not be permitted to discuss the case with anyone other than the defendant (except, of course, for the barrister who will actually appear in court) unless the defendant authorises it. i.e. there is nothing to prevent the solicitor discussing the case with the convicted peson's parents if his client authorises it, but the parents have no automatic right to discuss the case with the solicitor.

Chris