Wrongful conviction - what can I do?

[Devastated16]

I am rather surprised they have returned so much of his property. However, some prisons do not allow postage stamps, only saes - maybe the list regarding the "nasty bag" should include this. Having said that, when I asked you whether he had taken the "nasty bag" with him you said this:



If this was something you took or sent in in later, there should have been a list of what you can send in and what you cannot. Toiletries have to be brand new and sealed. it is not unusual for photos not to be allowed until they have "got to know" the inmate and also got to know about the nature of the conviction.

The bag was the one he had with him for staying at a hotel for the trial period. The photos, prescription, stamps etc were from his wallet which had been completely emptied and everything loose in the bag. His watch was returned but not his necklace/ ring. I am still trying to establish from the visitor centre what I can take in tomorrow as his Reception parcel - I have not been provided with a list and haven't managed to find any guidance on the website or elsewhere.

[Rights Fighter]

They tend to not allow watches as backs can be taken off and drugs smuggled in that way. Thanks for the explanation - I was scratching my head a little as to what "bag" this was

Ring the prison and ask them.....

[Devastated16]

They tend to not allow watches as backs can be taken off and drugs smuggled in that way. Thanks for the explanation - I was scratching my head a little as to what "bag" this was

Ring the prison and ask them.....

First visit done - a tough day yesterday for sure, 10 hours driving but I got to see him for an hour. I was only allowed to hand in underwear for him (boxers / socks) as he is not allowed own clothes for the first 14 days - am finding out quickly that you get a different answer every time you speak to the prison.

A lot of tears - he looked broken & lost if that makes sense. No contact at all from his legal team since he was taken there. I can see it is up to me to start hassling for Advice of Appeal letter and start the fight for justice for him. He said that at his meeting after the verdict with the Barrister (all 5 minutes of it), she was shocked by the decision.

[Lilyput]

Well done for getting through the first must have her been the hardest. Hope your child is okay. Masses of good luck with your appeal I'm sure many here will have some good advice xx

[Franticwithworry]

What an ordeal. I hope he gets moved closer to home soon. I'm disappointed for you both that his legal team have been silent. The only upside of that is that it gives you something do do and focus on in terms of doing something useful and helpful.

Hopefully, your parents can be with you for a while yet. I hope too, that your daughter is doing all right.

Best wishes to you all. Please let us know how you get on. I, for one, am thinking of you often. There is support here for you in the aftermath. As you'll see from other threads, it doesn't just stop when the trial ends.

[Devastated16]

Another day done - & still no further forward in terms of the Appeal. I have chased the solicitor again for the Advice of Appeal letter & Judge's summary as still not received. She helpfully (not) eventually advised me that she couldn't send anything to me as she does not have any written authority from him to do so - he gave her verbal authority after the sentence - so all will be sent to him (rather than addressed to him at home) & said I would need to collect them. I did remind her (politely!) that it is a 10 hour round trip....

My daughter is missing him terribly but now doesn't ask me if I do as she knows that starts me crying. My parents are helping as a distraction for her.

Went to the benefit office today to be advised I don't qualify for anything as I do have savings left over from my redundancy monies......... 31 years of paying into the system but no help when I really need it.

Life is pretty **** right now.

[Rights Fighter]

Ok. I did wonder.

If he has not given a written authority to the solicitor for you to act on his behalf you can do this via Power of Attorney. You don't have to pay a huge amount for this and can do it yourself. You will have to pay to get a "notary" to sign it, I think.

First off though, ask him to write to the sols authorising you to act on his behalf. If that doesn't work then go down the Power of Attorney route.



http://www.justice.gov.uk/forms/requ...attorney-forms

https://www.gov.uk/power-of-attorney/make-lasting-power

I tend to think that when a solicitor is being awkward, it could be that they have something to hide.

[Devastated16]

Ok. I did wonder.

If he has not given a written authority to the solicitor for you to act on his behalf you can do this via Power of Attorney. You don't have to pay a huge amount for this and can do it yourself. You will have to pay to get a "notary" to sign it, I think.

First off though, ask him to write to the sols authorising you to act on his behalf. If that doesn't work then go down the Power of Attorney route.



http://www.justice.gov.uk/forms/requ...attorney-forms

https://www.gov.uk/power-of-attorney/make-lasting-power

I tend to think that when a solicitor is being awkward, it could be that they have something to hide.

Thanks. I have sent him an SAE addressed to the solicitor today so he can send that to them . I think in the longer term it is worth setting up a PoA in any event so I can manage his accounts, services etc. Already have one demand to pay (the Victim Surcharge).

Not sure whether there is something to hide or just embarrassed that they did a poor job.

[AmandaF]

Dear Devastated,
So sorry to hear your story- my heart breaks every time I read this horror that someone else is going through.

i too had a 600 mile round trip to visit my OH but i was allowed to take my grandson every month, approved by SS. It's now he's out that the nightmare continues. It's a vile situation for everybody concerned.

As for the visits, if you're now on benefits try and find out about the assisted visits scheme- OK it's only 13p per mile but every little bit helps.

big hugs- I know only too well how awful this is

[Devastated16]

update

A few days since I last posted but nothing much has changed ......

- still no Advice of Appeal letter or copy of Judge's summing up.
- he has completed a written authority & posted it back to me. The SAE I sent him addressed to his solicitors mysteriously did not reach him - the rest of the items in the envelope did.
- no news on transfer closer to home however he now has agreement that my visits can last 2 hours due to the distance
- the underwear I handed him last Wednesday was finally given to him yesterday (i.e. 1 week later)
- my parents are still staying with me & have been a great support
- have had a few phone calls with him which are great but so short & both of us end up in tears
- my daughter is generally ok during the day but unusually is hard to get off to sleep now & most nights is crying about missing Daddy :-(


2 weeks now since being wrongfully convicted ......

[Franticwithworry]

Thank you for the update. I've been thinking of you.

As RightsFighter said, prisoners have few 'rights' as such, so I'm not surprised that envelopes disappear or that it takes a week to get clothing to him. Hopefully things will start moving with the solicitors once the get the authorisation letter. I know time is of the essence, but again as RightsFighter said elsewhere there is some flexibility on the deadline with just cause. Hopefully, solicitor delay is just cause.

The wheels grind slowly within the prison gates just as they did outside, so again, I'm not surprised that there's no news yet on a moving date, but at least extended visits means that some decisions are being made. I'm sorry that your daughter is so distressed, but in a perverse kind of way, that may help in your efforts to demonstrate her need to see him.

It's good that your parents have stayed and hopefully, they can stay longer. You clearly need adult support on a day-to-day basis for the time being. We are here and I hope if some support, but with the best will in the world, can't give you or your daughter a hug when it's needed. Some of these - - will have to do.

Keep doing what you're doing. It sounds as though you're doing a really good job at the moment and everything you possibly can in the situation, and even though not a lot is happening, that's not because of you, it's outside forces. If there happens to be anything more you can do, I'm sure those with greater knowledge that I will step in and say. Take care and please keep up the updates. I'm interested in knowing how you and your daughter are doing.

[Devastated16]

Thanks. I have sent him an SAE addressed to the solicitor today so he can send that to them . I think in the longer term it is worth setting up a PoA in any event so I can manage his accounts, services etc. Already have one demand to pay (the Victim Surcharge).

Not sure whether there is something to hide or just embarrassed that they did a poor job.

RightsFighter - hope you can advise me here. His solicitor has sent the Advice of Appeal letter to him ( he is sending it on to me but the postal system via HMP is very slow). No-one inside has spoken to him to give advice re appeal. I have asked solicitors to forward a copy to me direct now they have his written authority. The 28 days expires next Wednesday.

Who should I contact once I have that letter? I asked for a copy of the Judges summary but solicitors have told me that they do not have / will not have a copy. I have asked for name of transcription company.

We want to appeal conviction & term (which seems excessive when compared to other cases especially manslaughter ones)

Thank you.

[Rights Fighter]

You can't use manslaughter cases up against sexual offences when it comes to sentence.

If you can provide a list of what you think went wrong at trial, what MATERIAL witnesses should have been used that were not, and the JSU then this lady may be able to assist on legal aid.

http://www.taylor-street.co.uk/nichola-coleman.html

[Devastated16]

You can't use manslaughter cases up against sexual offences when it comes to sentence.

If you can provide a list of what you think went wrong at trial, what MATERIAL witnesses should have been used that were not, and the JSU then this lady may be able to assist on legal aid.

http://www.taylor-street.co.uk/nichola-coleman.html

Thanks - I have contacted her this evening. I know I can only compare sexual offence sentences to each other when looking to Appeal but to a layperson, there does seem anomalies between the length of sentences for differing types of criminal acts. And even more so when it has been a false allegation :-(

[Rights Fighter]

Tell me about it. I know it can be desperately unfair but when it comes to appealing convictions and sentence it's about "procedure" not factual or lurking doubt innocence.

If a barrister fails to do something the Court of Appeal will say that the LAY def should have forced him/her to do whatever it was that should have been done......