Furniss [2018] EWCA Crim 2574

The defendant applied to appeal against his conviction for murder, the grounds were considered by the single judge who refused leave. He was then advised by his solicitors that if he wished to proceed with an appeal on his own handwritten grounds, he would first have to abandon his current application and resubmit his own grounds. This advice was wrong, but on that basis the applicant signed a note in which he sought to withdraw his appeal and submit fresh grounds. The solicitors signed a Notice of Abandonment but did not indicate that the applicant wished to continue his appeal on fresh grounds. The issue now faced was that the Notice of Abandonment could only be withdrawn if considered to be a nullity. The Court set out the action that should have been taken in this case, took the view that the applicant’s mind did not go with the Notice and that it was a nullity. The case was adjourned for there to be an application to vary the Notice of Appeal and advance the fresh grounds.