Procedure when new evidence proves innocence
England, present day.
My character has been convicted of murder and is in the second year of serving his sentence, he has always maintained his innocence. New evidence has been uncovered by the police which proves he is not guilty. The evidence is not contestable - there is no doubt of his innocence, the real murderer has been identified
I'm not sure what happens now: would he be pardoned or is the onus on his legal team to appeal? If so where does the case go - it it a retrial or an appeal be heard to the CA and they quash the conviction? Do the CCRC get involved? Do the police have a role to play in this as they now have a new person in custody?
I've been searching using: 'new evidence'' 'quashed conviction' "wrongful conviction" "proof of innocence" and the CPS guidance but I'm getting results on trials where new evidence has been found to prove guilt and the recent Sam Hallam case but that went to retrial and I'm not sure that would happen in this scenario.
Two further questions - approximately how long would it take from the evidence being found to conviction overturned. I know that's a hard one to answer but weeks? months? years?
What happends in the meantime? Would my character stay in prison, be moved to a lower security prison;be released on licence? (he's of otherwise good character.
Any help or suggestions for search terms much appreciated.
My character has been convicted of murder and is in the second year of serving his sentence, he has always maintained his innocence. New evidence has been uncovered by the police which proves he is not guilty. The evidence is not contestable - there is no doubt of his innocence, the real murderer has been identified
I'm not sure what happens now: would he be pardoned or is the onus on his legal team to appeal? If so where does the case go - it it a retrial or an appeal be heard to the CA and they quash the conviction? Do the CCRC get involved? Do the police have a role to play in this as they now have a new person in custody?
I've been searching using: 'new evidence'' 'quashed conviction' "wrongful conviction" "proof of innocence" and the CPS guidance but I'm getting results on trials where new evidence has been found to prove guilt and the recent Sam Hallam case but that went to retrial and I'm not sure that would happen in this scenario.
Two further questions - approximately how long would it take from the evidence being found to conviction overturned. I know that's a hard one to answer but weeks? months? years?
What happends in the meantime? Would my character stay in prison, be moved to a lower security prison;be released on licence? (he's of otherwise good character.
Any help or suggestions for search terms much appreciated.