Barriers included gendered factors, such as shame and lack of confidence to take on appeals. More than four-fifths (86%) of women writing for advice on appeal were significantly outside of the 28-day appeal window from the date of their conviction or sentence. Reasons for delay included the fact that women often did not feel comfortable revealing their experiences of gendered trauma such as domestic abuse to legal representatives at trial and were afraid of being disbelieved.
More than half
the women felt custody was a disproportionate punishment for their crime. One
third felt the effect of imprisonment on their children had not been considered
by the sentencing judge. More than a quarter felt their pre-sentence report was
incorrect or incomplete and complained that their mitigating circumstances were
not given appropriate weight at sentencing.
Lawyers told
the researchers they feel it has become harder to win cases in the Court of
Appeal, and that the court tries to dissuade attempts to appeal. They also
raised cuts to legal aid funding, which prevent many women from accessing
justice. The statistics back up this perception―between 2011 and 2019, appeal
applications to this court fell by 36%.
The research,
by APPEAL (a non-profit law practice specialising in criminal appeals), is the
first to focus on women’s experiences of the Court of Appeal (Criminal
Division).
APPEAL women’s
justice advocate and author of the report, Naima Sakande said: ‘This report
raises serious questions about whether the Court of Appeal (Criminal Division)
is a legal body capable of righting wrongs done to women by the criminal
justice system. Women who have been unfairly sentenced or wrongfully convicted
deserve access to justice.’
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