# Appeals

> One of the best King’s Counsel for criminal appeals including murder. Appeals against conviction and sentence, out of time applications and CCRC references.

Source: https://www.imranshafikc.com/expertise/court-of-appeal-and-appeals

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# Appeals

Appeals against conviction and sentence, including applications brought long after the time limit has passed.

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## What this covers

- Appeals against conviction
- Appeals against sentence
- Applications for leave out of time
- References from the Criminal Cases Review Commission
- Appeals in cases he did not conduct at trial
- Attorney General’s references, where a sentence is said to be too low

## What actually happens

**The time limit** Twenty-eight days from conviction or sentence. It can be extended, but the application has to explain the delay as well as the ground.

**What a ground is** An appeal is not a second trial. It needs an error: a misdirection, evidence that should not have been admitted, a sentence outside the range, or something that has come to light since.

**Leave** A single judge decides on the papers whether the appeal goes forward. Most do not. The written grounds are the whole case at that stage.

## Reported cases

- R v Cashin and others [2025] EWCA Crim 1419 Successful appeal against conviction for murder for the co-accused Lawrence.
- R v Malik [2023] 1 Cr App R (S) 19 Guidance on the correct approach to sentencing in ’loss of control’ unlawful act manslaughter.
- R v Mire [2019] EWCA Crim 1735 Guidance on credit for time served on an electronically monitored curfew.
- R v Boots [2019] 1 Cr App R (S) 12 Successful appeal against sentence. Serving police inspector stealing drugs from the police property store.
- R v Hussain [2018] 2 Cr App R (S) 4 Sentencing authority on disparity of sentence.
- R (on the application of Uddin) v Leeds Crown Court [2014] 1 Cr App R 13 Leading authority on the scope and locus of judicial review in criminal proceedings.
- R v Makula [2013] 2 Cr App R (S) 9 Sentencing authority on section 18 grievous bodily harm with intent.
- R v Arfan [2012] EWHC 2450 (QB) Guidance to High Court judges about granting leave to prefer voluntary bills of indictment.
- R v Garcha [2012] EWCA Crim 177 Successful appeal against sentence in relation to ’Horizon’ Post Office fraud.
- R v Abdullah Sarwar [2010] EWCA Crim 3078 Authority on applications to adduce the conviction of a co-accused pursuant to section 74 PACE 1984.
- R v Wright and others [2010] EWCA Crim 2344 Successful appeal against sentence in relation to section 18 and violent disorder.
- Attorney General’s Reference (No 43 of 2009) [2010] Cr App R (S) 100 Leading authority on discretionary life imprisonment and imprisonment for public protection.
- R v McCabe [2009] EWCA Crim 1007 Successful appeal against sentence in a firearms case.
- R (on the application of the Chief Constable of Greater Manchester) v City of Salford Magistrates’ Court [2009] 1 WLR 1023 Proceeds of Crime Act, cash forfeiture authority.
- R v Vernett-Showers and others [2007] EWCA Crim 1767 Conjoined appeals against conviction arising from the historic controlled delivery of heroin to the UK facilitated by customs officers.
- R v Tabnak [2007] 2 Cr App R 4 Authority on the correct interpretation of section 35 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.
- R v Din [2005] 2 Cr App R (S) 40 Sentencing authority on credit card fraud.
- R v Parr [2004] EWCA Crim 1531 Successful appeal against sentence for class A drugs supply and robbery.
- R v Gateley [2003] EWCA Crim 3256 Successful appeal against sentence for dangerous driving and deception.

His reported cases, as supplied by him. Each citation can be looked up in the law reports.

## What Imran does about it

With almost 30 years of experience in appellate advocacy, Imran Shafi KC has established a reputation as one of the leading practitioners in criminal appeals. His extensive experience spans the full range of serious criminal cases, from complex fraud and organised crime to homicide and terrorism.

A number of his cases have resulted in significant appellate decisions and are reported in the law reports and cited in the leading criminal law textbooks. His deep familiarity with the development of criminal law enables him to identify legal errors and procedural irregularities that may have affected the safety of a conviction or the fairness of a sentence.

### A thorough review of your case

Every appeal begins with a meticulous examination of the original proceedings. Imran undertakes a root-and-branch review of the trial process, considering all relevant papers, evidence, transcripts, rulings, legal directions, and procedural history.

This detailed analysis is designed to identify whether sustainable grounds of appeal exist and whether there is a realistic prospect of persuading the Court of Appeal to intervene.

Where appropriate, he will:

- Review the entirety of the trial process and evidence.
- Identify potential errors of law, procedure or approach.
- Assess the safety of a conviction or the correctness of a sentence.
- Draft carefully formulated grounds of appeal.
- Advise on fresh evidence applications where relevant.
- Submit applications and grounds to the Registrar of Criminal Appeals in the Court of Appeal (Criminal Division).

### Technical expertise and skilled appellate advocacy

Appeals demand a highly specialised skillset. Drafting effective grounds of appeal requires detailed knowledge of criminal law, appellate procedure, and the constantly developing body of Court of Appeal authority.

Successful appellate advocacy is not simply a matter of identifying an arguable point. It requires the ability to distil often vast quantities of material into focused, persuasive legal arguments capable of demonstrating that a conviction is unsafe or that a sentence was wrongly imposed.

Imran combines technical legal expertise with extensive courtroom experience in the Court of Appeal. He is well known for presenting complex issues clearly, persuasively and with precision.

### Proven success

Imran continues to appear regularly before the Court of Appeal and has recently secured the successful appeal of a murder conviction.

Whether instructed by solicitors, professional clients, or individuals seeking advice following conviction or sentence, he provides clear and realistic advice from the outset, identifying the strongest available arguments and pursuing them with determination and skill.

He is regularly instructed on appeal in cases conducted at trial by somebody else. A fresh reading is often the point.

Regulated by the Bar Standards Board. Authorised to accept Public Access instructions. Not authorised to conduct litigation.
