The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
The single test for allowing an appeal against conviction is whether the conviction is unsafe. If the grounds of appeal submitted refer to fresh evidence which was not adduced at trial, the same test applies. In order to determine if the conviction is unsafe the Court of Appeal has an over riding power to admit fresh evidence where it is necessary or expedient in the interests of justice.CAA 1968 s 2(1)
This applies to appeals against conviction, appeals against sentence and references to the Court of Appeal by the Home Secretary. These powers extend to hearings of applications for leave to appeal as well as the appeal itself or an appeal against the findings of a Newton hearing.R v Malook  EWCA Crim 254
The court can also consider the circumstances of an offender post-sentence based on updated information provided to it by, for example, the prison service or the police in very limited circumstances but these are not treated as fresh evidence appeals. See Practice Note: Receiving credit for and review of sentence following assistance given or withheld by the defendant.R v Caines  EWCA Crim 2915R v Beesley and Coyle  EWCA Crim 1021R v AXN and ZAR  EWCA Crim 590
Fresh evidence is any evidence not adduced in the preceding trial subject to appeal. It may include evidence contained in any document, exhibit or witness statement or item connected with the proceedings. Fresh evidence is not limited to evidence which emerges after the conclusion of the trial. It includes evidence that was not introduced,
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