Introduction to Criminal Appeals
When someone is found guilty of a crime or receives a sentence they believe is unfair, they may have the right to challenge that decision through a criminal appeal. A criminal appeal is a formal request for a higher court to review the outcome of a case decided by a lower criminal court. This process ensures that errors in law or procedure, or unjust outcomes, can be corrected, helping to protect the legal rights of individuals involved in the criminal justice system.
Appeals are a vital part of the legal process in the UK. They allow individuals to ask a higher court to look at their conviction (the decision that they are guilty) or their sentence (the punishment given). For example, if someone believes that the evidence did not support their conviction, or that the sentence was too harsh or not in line with the law, they can seek an appeal. However, not every case can be appealed automatically – there are specific rules about who can appeal and on what grounds. Most appeals are based on claims that the trial was unfair, the law was not applied correctly, or new evidence has come to light.
Understanding how the appeals process works is essential for anyone considering challenging a criminal court decision. Knowing your rights and the correct procedures can make a significant difference in the outcome of your case. If you are unsure whether you can appeal, or what steps to take, it is often helpful to seek legal advice or consult trusted resources.
In the UK, appeals from Magistrates’ Courts are typically made to the Crown Court, while appeals from the Crown Court itself are usually heard by the Court of Appeal (Criminal Division). The procedures and grounds for appeal are set out in laws such as the Criminal Appeal Act 1968, which provides detailed guidance on when and how appeals can be made.
To learn more about the wider context of appeals in the UK, including civil and tribunal cases, visit our appeals and tribunals overview.
For further guidance, you may find these resources helpful:
Appeals against Crown Court decisions | The Law Society
Conducting an appeal in the Court of Appeal Criminal Division (CACD) | Legal Guidance | LexisNexis
Criminal Appeal Act 1968
By understanding your options and the appeals process, you can make informed decisions about challenging a criminal court decision and safeguarding your legal rights.
When Can You Appeal a Criminal Conviction or Sentence?
When Can You Appeal a Criminal Conviction or Sentence?
Appealing a criminal conviction or sentence is a significant step in the legal process. In the UK, you have the right to challenge a decision made by a criminal court, but there are specific rules and circumstances that determine when an appeal is possible.
Circumstances for Appeal
You can appeal either your conviction (the decision that you are guilty) or the sentence (the punishment given) if you believe there has been a mistake in your case. Common reasons for appealing include:
Legal Errors: If the judge made a mistake in applying the law, such as giving incorrect directions to the jury or misinterpreting legal principles.
New Evidence: If new evidence comes to light that was not available during your trial and could have affected the outcome.
Unfair Trial Procedures: If you believe the trial was not conducted fairly – for example, if there was bias, improper admission of evidence, or your legal representation was inadequate.
It’s important to understand that you cannot appeal simply because you are unhappy with the outcome. There must be valid legal grounds for your appeal, as outlined in the Criminal Appeal Act 1968, which sets out the framework for criminal appeals in England and Wales.
Time Limits for Appeals
Appeals must be made promptly. In most cases, you have 28 days from the decision to file an appeal, whether you are challenging a conviction or a sentence. Missing this deadline can make it much harder, or even impossible, to have your appeal heard. For detailed guidance on the appeal process and the importance of acting within this timeframe, visit the official government page on 28 days from the decision.
Appealing a Conviction vs. Appealing a Sentence
Appealing a Conviction: This means you are asking a higher court to overturn the guilty verdict. You will need to show that there was a legal error, new evidence, or a serious issue with the trial process.
Appealing a Sentence: If you believe your sentence is too harsh or not in line with the law, you can appeal for a reduction or change in the penalty, even if you accept the conviction itself.
The process and the grounds for appeal may differ depending on whether you are challenging the conviction or the sentence. Understanding the role of the Crown Court and other courts involved can help clarify where and how your appeal will be considered.
Not All Cases Qualify for Appeal
It’s important to note that not every case will qualify for an appeal. Applications are carefully reviewed, and only those with genuine legal grounds are allowed to proceed. In some situations, you may need permission (known as “leave”) from the court before your appeal can be heard.
The Importance of Legal Advice
Appealing a criminal conviction or sentence can be complex and time-sensitive. Seeking professional legal advice is essential to assess your chances of success and to ensure your appeal is submitted correctly and on time. A solicitor or legal advisor can help you understand your options and guide you through the process.
For a more in-depth understanding of how criminal appeals work in England and Wales, including the legal framework and key considerations, you may wish to read the detailed research on the Criminal Appeal Act 1968.
If you are considering an appeal, acting quickly and seeking the right support is crucial to protecting your rights.
Which Courts Handle Criminal Appeals?
Which Courts Handle Criminal Appeals?
Criminal appeals in the UK are handled by a series of courts, each with its own role in reviewing cases and making decisions about convictions and sentences. Understanding which court will hear your appeal depends on the type of case and where your original trial took place.
The Crown Court
For most serious criminal cases in England and Wales, the initial trial takes place in the Crown Court. If you were convicted or sentenced in a Magistrates’ Court, your first appeal usually goes to the Crown Court. The Crown Court will then review the evidence, consider your grounds for appeal, and decide whether to uphold or overturn the original decision. To learn more about how the Crown Court operates, see the detailed overview on Crown Court – Wikipedia.
The Court of Appeal (Criminal Division)
If your case was heard in the Crown Court and you believe there was a legal error or your sentence is too harsh, you may be able to appeal to the Court of Appeal (Criminal Division). This court reviews appeals against both convictions and sentences from the Crown Court. The Court of Appeal does not re-hear the entire case but examines whether the law was applied correctly and if any procedural mistakes affected the outcome.
Before your case can be heard, you must apply for permission to appeal (sometimes called “leave to appeal”). This application is usually reviewed by a single judge, who decides if there are sufficient grounds for the appeal to proceed. If permission is refused, you may request a further review by a panel of judges.
For a step-by-step guide to the appeal process in the Court of Appeal, refer to Conducting an appeal in the Court of Appeal Criminal Division (CACD) | Legal Guidance | LexisNexis.
The Supreme Court
In rare and exceptional cases, further appeals can be made to the Supreme Court. The Supreme Court is the highest court in the UK and only hears cases that raise important points of law or issues of public interest. To appeal to the Supreme Court, you must obtain permission from either the Court of Appeal or the Supreme Court itself. For more information on the Supreme Court’s role and the appeals process, see Appeals process – Courts and Tribunals Judiciary.
How Appeals Progress Through the Courts
The typical flow of criminal appeals in England and Wales is as follows:
From Magistrates’ Court:
Appeal to the Crown Court if you want to challenge a conviction or sentence.
From Crown Court:
Apply for permission to appeal to the Court of Appeal (Criminal Division) if you believe there has been a legal error or your sentence is excessive.
From Court of Appeal:
In rare cases, seek permission to appeal to the Supreme Court if the case involves a significant point of law.
Each stage of the appeal process has strict time limits and procedural requirements. It is important to act quickly and seek legal advice if you are considering an appeal.
For a broader understanding of how appeals work and what to expect, you may find it helpful to explore related topics, such as how the law works and appeals process, or to read more about the Crown Court and Court of Appeal (Criminal Division).
How to Make a Criminal Appeal
Making a criminal appeal in the UK involves several important steps, each with specific rules and deadlines. Understanding the process can help you decide whether to appeal and how best to prepare your case.
1. Deciding to Appeal
If you believe your conviction or sentence is wrong, you may have grounds to appeal. Common reasons include legal errors during your trial, new evidence coming to light, or the sentence being too harsh. Appeals from the Magistrates’ Court are usually made to the Crown Court, while appeals from the Crown Court go to the Court of Appeal (Criminal Division). For more information on the structure and role of these courts, see the Crown Court.
2. Filing the Correct Forms and Meeting Deadlines
Starting an appeal requires you to submit the correct paperwork within strict time limits. For example, if you are appealing a conviction or sentence from the Magistrates’ Court, you generally have 21 days from the date of your sentence to lodge your appeal. In Crown Court cases, you usually have 28 days from the date of conviction or sentence to apply for permission to appeal. Missing these deadlines can mean losing your right to appeal, so it is crucial to act promptly.
3. Getting Legal Representation
Appeals can be complex, so it’s highly recommended to seek advice from a solicitor or barrister experienced in criminal appeals. Your legal representative will assess the merits of your case, help prepare your application, and ensure that all procedures are followed correctly. They will also advise you on gathering the necessary evidence and drafting legal arguments.
4. Preparing Legal Arguments and Evidence
A successful appeal depends on clearly explaining why the original decision was wrong. This usually involves preparing detailed legal arguments and collecting relevant evidence. Sometimes, new evidence or witness statements can be crucial to your case. To understand more about the role of witnesses in court and how their statements may influence your appeal, see our dedicated guide.
5. Requesting Permission to Appeal
In most cases, you must get permission to appeal (sometimes called “leave to appeal”) before your case will be heard in full. This means a judge will review your application to decide if there are reasonable grounds for an appeal. If permission is refused, you may have further options, but these are limited and subject to strict legal criteria.
6. Presenting New Evidence or Witness Statements
If you have new evidence that was not available during your original trial, you may be able to present it during the appeal. This could include expert reports or fresh witness statements. However, the court will only accept new evidence if there is a good reason it was not presented earlier and if it could have made a difference to the outcome.
For a deeper understanding of the legal framework, including the Criminal Appeal Act 1968 which governs much of the process, you can review the Criminal Appeal Act 1968.
Making a criminal appeal is a serious and often complex process, but with the right support and preparation, you can ensure your case is presented as strongly as possible. If you need more information about the appeal process or the courts involved, explore our related guides for further support.
What to Expect During the Appeal Hearing
What to Expect During the Appeal Hearing
When you attend a criminal appeal hearing in the UK, the experience is different from a full trial. Understanding the process can help you prepare and know what to expect.
Who Is Present at the Appeal Hearing?
Appeal hearings are usually held in a higher court, such as the Crown Court or the Court of Appeal, depending on where your original trial took place. The hearing is typically overseen by a judge or a panel of judges rather than a jury. Those present will include:
You (the appellant)
Your legal representative (if you have one)
The prosecution (often represented by the Crown Prosecution Service)
The judge(s)
Occasionally, witnesses may be called if the court needs further clarification, but this is rare
For more details about the role and structure of the Crown Court, see Crown Court – Wikipedia.
Format of the Hearing
Unlike a trial, an appeal hearing does not involve re-examining all the evidence or hearing from all witnesses again. Instead, the court focuses on specific legal issues, such as whether the law was applied correctly or if there was a significant error in the original trial. Your lawyer (or you, if you are representing yourself) will present arguments about why you believe the conviction or sentence was wrong. The prosecution will respond with their arguments.
The judges may ask questions to clarify points or to better understand the arguments being made. The hearing is generally more formal and focused than a trial, and it often takes less time.
Focus on Legal Issues
Appeals are not a second chance to present your entire case. Instead, the appeal court will look at whether there was a mistake in the way the law was applied or if the original court made a significant error. This is set out in the Criminal Appeal Act 1968, which governs the grounds and procedures for criminal appeals in England and Wales.
Some common grounds for appeal include:
The verdict was unreasonable or could not be supported by the evidence
There was a serious procedural or legal error during the trial
New evidence has come to light that could have affected the outcome
Possible Outcomes
After considering the arguments, the appeal court can make several decisions. The main possible outcomes are:
Appeal allowed: The court agrees with your arguments and may overturn the conviction, reduce the sentence, or otherwise change the decision.
Appeal dismissed: The court disagrees with your arguments, and the original decision stands.
Case sent back for retrial: In some cases, the court may order a new trial if it finds that the original trial was seriously flawed.
For a full overview of what these outcomes mean, visit appeal allowed, appeal dismissed, or case sent back for retrial.
Changes to Your Sentence
If your appeal is about the sentence, the court has the power to:
Increase your sentence (though this is rare and you will usually be warned if this is a risk)
Decrease your sentence
Leave your sentence unchanged
It is important to discuss the potential risks and benefits with your solicitor before proceeding with an appeal.
Preparing for the Hearing
Mentally: Appeal hearings can be stressful, so it helps to familiarise yourself with the process and have realistic expectations. Remember, appeals are focused on legal arguments, not retelling your whole case.
Practically: Arrive early, dress smartly, and bring any documents your solicitor has advised you to take. Review your grounds for appeal and be ready to answer any questions the judges might have.
If you need more information about how the appeal process works or what support is available, you can refer to the resources linked throughout this page. Understanding your rights and the appeal process can help you feel more confident and prepared on the day of your hearing.
Support and Resources for Those Appealing
If you are considering appealing a criminal conviction or sentence, it’s important to know that you do not have to go through the process alone. There are a range of support services and resources available to help you understand your rights, navigate the appeals process, and manage any personal challenges you may face along the way.
Legal Aid and Advice
Access to professional legal advice is crucial when making an appeal. In many cases, you may be eligible for legal aid, which can help cover the costs of legal representation and advice. Legal aid is means-tested, and eligibility depends on your financial situation and the merits of your case. A solicitor can advise you on whether you qualify and assist with the application process. Having legal support ensures your appeal is properly prepared and increases your chances of a fair hearing.
Support for Personal Safety Concerns
If your case involves personal safety issues, such as domestic abuse, it is especially important to seek additional support. The appeals process can be emotionally challenging, particularly for those who have experienced abuse or intimidation. You can access domestic abuse support services for confidential advice, emergency accommodation, and ongoing assistance. Legal cases like A v B (Appeal: Domestic Abuse) [2023] EWHC 1499 (Fam) (20 June 2023) highlight the complexities and sensitivities involved in appeals where domestic abuse is a factor, and underline the importance of specialised support.
Finding Help During the Appeal Process
Navigating an appeal can be complex and stressful. It’s a good idea to reach out for help and guidance from organisations with experience in criminal appeals. Specialist organisations such as APPEAL provide dedicated support to people challenging wrongful convictions or unfair sentences. They offer practical advice, legal assistance, and emotional support throughout the appeal process.
Why Support Matters
Appealing a criminal conviction can be a lengthy and demanding journey. Emotional and practical support can make a significant difference, especially if you are feeling overwhelmed or unsure about your next steps. Whether you need help understanding legal procedures, managing the stress of the process, or ensuring your safety, there are resources and professionals ready to assist you.
If you are affected by issues such as domestic abuse, or simply need more information about your rights and options, don’t hesitate to reach out to the relevant support services. They can provide guidance tailored to your situation and help you move forward with confidence.
Related Appeals Topics
When considering a criminal appeal, it can be helpful to understand the broader appeals system in the UK. While this page focuses on criminal court decisions, there are other types of appeals you might encounter depending on your situation. Below, you’ll find an overview of related appeals topics, each with its own procedures and legal frameworks.
Civil Court Appeals
If your case involves a dispute between individuals or organisations – such as contract issues, property disputes, or personal injury claims – you may be dealing with the civil courts rather than the criminal courts. The process for civil court appeals is different from criminal appeals, with its own set of rules and time limits. Civil appeals are governed by the Civil Procedure Rules 1998, which outline the procedures for challenging a court’s decision in civil matters.
Small Claims Appeals
Small claims courts handle lower-value disputes, typically involving consumer issues, unpaid debts, or minor contract disagreements. If you disagree with a decision made in a small claims case, you may be able to appeal. The process is generally more straightforward than other types of appeals, but strict deadlines apply. To learn more about how to challenge a small claims judgment, see our section on small claims appeals or consult external resources such as Small Claims Court for general information.
Tribunal Appeals
Tribunals are specialised bodies that deal with specific types of disputes, such as benefits, immigration, employment, or tax issues. If you wish to challenge a tribunal’s decision, you’ll follow a different process than you would for criminal or civil courts. The rules for tribunal appeals are set out in legislation like the Tribunals, Courts and Enforcement Act 2007, which establishes the framework for how tribunals operate and how their decisions can be appealed.
Each type of appeal has its own procedures, deadlines, and requirements. Exploring these related topics can help you understand which rules apply to your situation and what steps to take next. For a complete picture of the appeals process in the UK, consider reading more about civil court appeals, small claims appeals, and tribunal appeals. This knowledge can help you make informed decisions and ensure you follow the correct procedures for your type of case.
Additional Considerations: Police Conduct and Appeals
When appealing a criminal conviction, concerns about police conduct can play a significant role. If you believe that the police acted unfairly, unlawfully, or outside the proper procedures during the investigation or trial, this may be relevant to your appeal. For example, if evidence was obtained in breach of your rights, or if you were treated improperly during questioning, these issues could affect the outcome of your case.
Understanding your rights is crucial. The Police and Criminal Evidence Act 1984 sets out the rules for police powers and safeguards for individuals in the UK. This legislation covers areas such as stop and search, detention, and the conduct of interviews. If police fail to follow these rules, it can sometimes lead to evidence being excluded or a conviction being challenged on appeal.
If you suspect that police misconduct influenced your case, it’s important to act promptly. You can make a formal complaint about police behaviour, either directly to the police force involved or to the Independent Office for Police Conduct (IOPC), which oversees complaints and investigations into police actions. Recent cases, such as those reviewed by the IOPC, show the importance of independent scrutiny in maintaining public trust and ensuring justice.
Seeking legal advice is highly recommended if you believe police misconduct has affected your conviction or sentence. A solicitor can help you understand whether the conduct in question may be grounds for an appeal, and guide you through the process of raising these issues before the court.
There is a clear connection between appealing a conviction and addressing police behaviour. In some cases, new evidence of police misconduct may be a basis for an appeal, or it may strengthen your existing grounds. If you’re unsure about your situation, our police misconduct guidance offers practical steps and further information on your options.
Knowing your rights and the correct procedures can make a significant difference. If you have concerns about how the police handled your case, don’t hesitate to explore your options and seek support.
