Solicitors, legal aid and appeals

Families ask two things again and again: how do I find a good solicitor, and can we appeal? Here is the plain answer, including the mistake that costs people their chance to appeal.

These rules cover England and Wales. In Scotland or Northern Ireland? Start here.

First, the right kind of solicitor

There are two different jobs, and people often get sent to the wrong one:

A criminal solicitor handles the case: the charges, court, trial, sentence, and appeals against the sentence or conviction.
A handles what happens afterwards: categorisation, licence conditions, parole, recall, and problems inside.

When you ring round, say which one you need. It saves everyone time.

Will legal aid pay?

The criminal case: legal aid is usually available, though it is means tested in the Crown Court. Check on GOV.UK.
Prison law: legal aid was cut back and now only covers certain areas, such as some parole and categorisation matters. A prison law solicitor can tell you quickly whether your issue is covered.

Appeals: the deadline that catches people out

Do not wait To appeal a Crown Court sentence or conviction, the application usually has to be lodged within 28 days of the sentence. Magistrates court appeals are quicker still. If you are even thinking about an appeal, tell the solicitor now, not next month.

An appeal is not automatic, and not every sentence can be appealed just because it feels too high. There has to be a legal reason, for example the sentence being wrong in law or clearly excessive. The solicitor will tell you honestly whether there are grounds. The official steps are on GOV.UK.

How to find one

Use the GOV.UK find a legal aid adviser tool to find firms that do legal aid.
For free advice on prison law and prisoners' rights, the Prisoners' Advice Service is independent and free.
Ask other families in the same situation. A solicitor who actually returns calls is worth their weight in gold, and word of mouth finds them.

We cannot recommend particular firms. Be wary of anyone who guarantees an outcome, and of paid "prison advice" services that charge for what the free ones above do better.

Common questions

What is the difference between a criminal solicitor and a prison law solicitor?

A criminal solicitor deals with the case itself: charges, court, the trial, the sentence and appeals against the sentence or conviction. A prison law solicitor deals with what happens after, inside the system: categorisation, licence conditions, parole, recall, adjudications and treatment. They are different specialisms, so ask which one you need.

Can we get legal aid?

For the criminal case, legal aid is usually available, though it is means tested in the Crown Court. For prison law, legal aid is much more limited than it used to be: it now only covers certain things like some parole and categorisation matters. Check on GOV.UK, or ask the solicitor to check for you.

Can they appeal the sentence?

Sometimes, but the time limits are tight. To appeal a Crown Court sentence or conviction, the application usually has to be lodged within 28 days of the sentence. Magistrates court appeals are even quicker. If an appeal is being considered, speak to the solicitor immediately, do not wait.

Official appeals guide on GOV.UK

How do I find a good solicitor?

Use the official GOV.UK "find a legal aid adviser" tool for legal-aid firms, or the Law Society solicitor finder. Ask for one that specialises in the exact thing you need (criminal, or prison law). We cannot recommend particular firms, but word of mouth from other families in the same situation is often how people find a good one.

Can I change solicitor if I am unhappy?

Usually yes, though it can slow the case down and you may need to explain why to keep legal aid. If you have lost confidence, it is worth doing rather than staying with someone who does not return calls. Get the new solicitor lined up first.

Who helps with prison law problems for free?

The Prisoners' Advice Service gives free, independent advice to prisoners on prison law and their rights. For the criminal case, a legal-aid criminal solicitor is the route. Citizens Advice can help you understand your options too.