Being convicted of a criminal offence, or feeling that a sentence handed down was too severe, does not always mean the matter is closed. In many cases, there is a route to challenge the outcome through an appeal. However, an appeal is not simply a second chance to retell your side of the story — it is a specific legal process with its own rules, strict deadlines, and a genuine need for proper legal grounds before a court will even agree to hear it.
Understanding broadly how appeals work, and when it is worth instructing a solicitor to look into one, can help someone decide quickly whether this is a route worth pursuing.
When You Might Have Grounds to Appeal
An appeal against conviction generally rests on the argument that something went wrong in how the case was decided — for example, an error in how the law was applied, a problem with the way evidence was handled, or conduct during the trial that may have affected the outcome. An appeal against sentence, on the other hand, usually argues that the sentence itself was manifestly excessive, wrong in principle, or based on an incorrect understanding of the facts.
It is worth being realistic here: disagreeing with the result, or feeling that the sentence was unfair in a general sense, is not by itself a legal ground for appeal. In general, a solicitor experienced in criminal appeals will want to review the trial papers, sentencing remarks, and any transcript before advising on whether there is a genuine basis to proceed.
What the Appeals Process Generally Involves
The exact route depends on where the case was originally heard. A conviction or sentence from a Magistrates’ Court is typically appealed to the Crown Court, while a case dealt with in the Crown Court is generally appealed to the Court of Appeal (Criminal Division). Each route has its own procedure, and in the case of the Court of Appeal, permission (often called “leave”) to appeal is usually required before the case can be considered in full.
One of the most important things to know is that appeal deadlines tend to be short and are applied strictly. Missing the window can make it significantly harder — sometimes impossible — to proceed, even where the underlying grounds might otherwise have been strong. Anyone considering an appeal should treat time as the priority and seek advice as early as possible, ideally within days rather than weeks of the conviction or sentencing.
It is also worth knowing that lodging an appeal does not automatically pause any sentence being served, and the process can take time to work through the courts. A solicitor can advise on what, if anything, can be done in the meantime, and can help gather the paperwork a court will expect to see, including grounds of appeal set out in writing.
Common Red Flags to Watch For
A few things are worth flagging early on. First, the strict time limits mentioned above — these can vary depending on the court and the type of appeal, so checking the applicable deadline straight away matters more than almost anything else. Second, appeals are generally decided on the existing case papers and legal argument rather than a full retrial, so expectations about what a court will actually reconsider should be realistic. Third, rules and procedure can differ across England and Wales, Scotland, and Northern Ireland, so it is worth confirming which jurisdiction’s process applies to a particular case rather than assuming they are all the same.
If you are weighing up whether to challenge a conviction or sentence, getting a clear, early read on the merits and the deadline is usually the most valuable first step. Request Legal Service can help match you with a solicitor experienced in criminal appeals so you can get that guidance quickly. Submit an enquiry with Request Legal Service to get started.
This article is for general informational purposes only and is not legal advice. Laws vary across England & Wales, Scotland, and Northern Ireland, and can change over time — for guidance on your specific situation, speak with a qualified solicitor. Request Legal Service does not act as a law firm or provide legal representation.