Oh, Snap! (kutsuwamushi) wrote in little_details,
Oh, Snap!

[ANON POST] Release following new evidence

Setting England, 2010.

My MC is in prison for murder. He's served a couple of months so he's at the start of his sentence. Significant new evidence has been uncovered which supports his claim that he was acting in self-defence. It is hightly likely that on retrial he will be acquitted.

He has no other criminal record and was previously of good character.

What happens now?

Does he stay in prison? Is he let out on bail/ license? Is he transferred to a difference category of prison?

I've read through the various wiki pages on bail and temporary licence and searched on 'criminal appeals' and retrial 'new evidence" and retrial and had several results on real life cases.

I understand he will need to appeal his conviction to the Court of Appeal and if the CA allows his appeal he will be sent for retrial. At this stage he can be bailed.

What I can't seem to find is what happens between finding the evidence and the appeal being granted - if nothing (ie he remains where he is) how long does it take to get a hearing at the CA? (Permission to appeal has to be granted first?) I've searched criminal court of appeal + waiting times, but not getting much joy.

What I really want is for him to be released asap so any ideas on how to do that would be helpful!

Thanks for any help.
Tags: uk: government: law enforcement

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