Appealing a Criminal Conviction or Sentence: What the Process Involves
Being convicted of a criminal offence, or feeling that a sentence handed down was too severe, does not…
Criminal & Motoring Law — Your Rights in England & Wales
Criminal law in England and Wales is governed by an extensive body of statute — including the Offences Against the Person Act 1861, Theft Act 1968, Misuse of Drugs Act 1971, Fraud Act 2006, and Sexual Offences Act 2003 — alongside common law principles developed over centuries. Motoring offences are primarily covered by the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988.
The consequences of a criminal or motoring conviction can be severe: a custodial sentence, a driving ban, a criminal record that affects employment, housing, and travel, or loss of a professional licence. Early specialist legal advice — particularly at the police station stage — can be decisive. The earlier you instruct a solicitor, the better your position.
Areas We Cover
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Police Station Advice
Free legal advice under PACE s.58, duty solicitor representation, caution rights, and interview strategy — silence or no comment.
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Assault & Violent Offences
Common assault, ABH, GBH under the OAPA 1861, self-defence, affray, violent disorder, and robbery.
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Theft & Fraud
Theft Act offences, Fraud Act 2006, benefit and HMRC fraud, money laundering, confiscation orders, and SFO investigations.
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Drug Offences
Possession, PWITS, supply, and production under the Misuse of Drugs Act 1971. County lines, Class A/B/C offences, and modern slavery defences.
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Sexual Offences
Sexual Offences Act 2003 allegations, accusation anonymity, cross-examination restrictions, forensic evidence, and SOIT-led investigations.
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Bail & Court Representation
Bail applications under the Bail Act 1976, magistrates and Crown Court defence, allocation hearings, pleas in mitigation, and Newton hearings.
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Appeals & Convictions
Crown Court appeals, Court of Appeal Criminal Division, CCRC referrals, unsafe conviction challenges, and sentence appeals.
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Speeding Offences
NIP response, speed awareness courses, fixed penalties, magistrates court defence, and exceptional hardship arguments against a ban.
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Drink & Drug Driving
Drink and drug driving charges under the Road Traffic Act 1988. Mandatory disqualification, prescribed limits, and procedural defences.
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Licence Points & Disqualification
Totting up, exceptional hardship arguments, new driver 6-point revocation, and rehabilitation applications to restore your licence.
What Happens If You Are Arrested?
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Arrest & detention at the police station
Under the Police and Criminal Evidence Act 1984 (PACE), you must be told why you are being arrested. You have three important rights: the right to have someone informed of your detention, the right to consult a solicitor (free, under s.58 PACE), and the right to see the Codes of Practice. Exercise all three. Police can generally detain you for up to 24 hours without charge (36 hours for serious offences, up to 96 hours with magistrates' approval).
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Police interview under caution
You will be cautioned: "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence." Under the Criminal Justice and Public Order Act 1994 (CJPOA), adverse inferences can be drawn from silence in certain circumstances — which is why having a solicitor advise you before and during the interview is critical.
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Charge or release
After the interview, you will be either released without charge, released under investigation (RUI), given bail conditions to return to the station, or charged. If charged, you will either be bailed to the magistrates court or kept in custody to appear the next day. A solicitor can make representations to influence the custody sergeant's decision on bail.
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Court proceedings
All cases begin in the magistrates court. Summary-only offences (e.g. most motoring offences) are tried there. Either-way offences (e.g. theft, ABH) can go to the Crown Court if the defendant elects trial by jury or the magistrates decline jurisdiction. Indictable-only offences (e.g. murder, rape, s.18 GBH) go straight to the Crown Court. A criminal defence solicitor prepares your case, advises on plea, and represents you at every hearing.
Why Early Legal Advice Matters
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Police interview strategy — your solicitor advises whether to answer, give a prepared statement, or make no comment. Getting this wrong can damage your defence.
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Evidence preservation — CCTV is routinely deleted within 31 days. A solicitor can apply for early disclosure and secure evidence before it is lost.
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Bail conditions — your solicitor can challenge restrictive bail conditions (e.g. curfews, exclusion zones) before they affect your work and family.
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Disclosure obligations — the prosecution must disclose all material that might undermine their case or assist yours. A solicitor actively pursues this.
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Plea advice — an early guilty plea typically reduces a sentence by up to one third. The timing and framing of a plea requires careful strategic judgment.
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Defending your record — a criminal conviction can affect employment, housing, travel, professional licensing, and immigration status for years.
Related Guides
Frequently Asked Questions
Do I have to answer police questions?
No. You have the right to remain silent. You should almost always exercise this right until you have spoken to a solicitor. Under the CJPOA 1994, silence in certain circumstances can allow a court to draw an adverse inference — but only if you were properly cautioned and legal advice was available. Your solicitor will advise you before any interview on whether to answer questions, give a prepared statement, or make no comment.
Is police station advice really free?
Yes. Under s.58 PACE 1984, anyone detained at a police station is entitled to free, independent legal advice at any time. There is no means test. The advice is provided through the Criminal Defence Service. Voluntary attendees also have the right to free legal advice. Do not allow police to discourage you from asking for a solicitor — this is your absolute right.
What is the difference between magistrates court and Crown Court?
Magistrates courts handle summary-only offences (maximum 6 months' custody per offence) and initial proceedings for all cases. Crown Court handles indictable-only offences (murder, rape, robbery) and either-way offences where the defendant elects jury trial or magistrates decline jurisdiction. Crown Court cases involve a jury of 12 members of the public. Sentences in the Crown Court are unlimited (subject to the maximum for the offence).
Will a criminal conviction show on a DBS check?
It depends on the conviction and the type of check. Cautions and minor offences may become "protected" (filtered out) after a set period under the Rehabilitation of Offenders Act 1974. Serious convictions (including sexual offences and those involving a custodial sentence of over 30 months) are never filtered and always appear on enhanced DBS checks. A solicitor can advise on how a conviction or caution will appear on your record.
Can I appeal a conviction or sentence I believe was wrong?
Yes. A conviction or sentence in the Crown Court can be appealed to the Court of Appeal Criminal Division, usually within 28 days. Magistrates court convictions can be appealed to the Crown Court (full rehearing) within 21 days. If you have exhausted appeal rights and new evidence emerges, the Criminal Cases Review Commission (CCRC) can refer the case back to the Court of Appeal. A solicitor can advise on grounds of appeal and prospects of success.