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…
Your Appeal Routes — Which Court Applies
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Magistrates court conviction → Crown Court
- Right of appeal under s.108 Magistrates Courts Act 1980
- Full rehearing before a Crown Court judge and two lay magistrates
- Must be lodged within 21 days of conviction or sentence
- No leave required — this is an automatic right
- The Crown Court can increase the sentence beyond the magistrates' original order
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Crown Court conviction → Court of Appeal Criminal Division
- Right to apply for leave (permission) under s.1 Criminal Appeal Act 1968
- Application must be lodged within 28 days of conviction or sentence
- Single judge first considers the application; if refused, renewed to a full court
- Ground of appeal: conviction is unsafe (s.2(1) CAA 1968)
- Sentence appeals: under s.9/11 CAA 1968
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Case stated — appeal on a point of law
- Available from magistrates court or Crown Court (on appeal) to the Divisional Court
- Application to state a case under s.111 Magistrates Courts Act 1980
- Challenges a decision as wrong in law or in excess of jurisdiction
- Not a full rehearing — the court considers only the stated point of law
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CCRC referral — post-appeal route
- Criminal Cases Review Commission considers cases after all appeal routes exhausted
- Refers to the Court of Appeal where there is a real possibility of overturning the conviction
- Based on new evidence or new legal argument not previously raised
- No time limit for applying to the CCRC
Grounds of Appeal — What Can Be Challenged
The Court of Appeal allows a conviction appeal where the conviction is "unsafe" under s.2(1) Criminal Appeal Act 1968. Common grounds include:
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Fresh evidence — new evidence that was not available at trial and which might have affected the verdict (s.23 CAA 1968). Examples: a recanting witness, new forensic evidence, evidence of prosecution non-disclosure, or an alibi that could not previously be verified.
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Summing-up error — the judge's direction to the jury on the law was wrong or inadequate, misleading the jury on an element of the offence or a defence.
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Wrongly admitted evidence — evidence that should have been excluded (e.g. under s.78 PACE for unfairness) was admitted and may have had a significant impact on the verdict.
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Ineffective legal representation — where the failure of trial solicitors or counsel to take a step fell below the standard of a reasonably competent advocate and the outcome might have been different with proper representation.
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Prosecution non-disclosure — material that would have assisted the defence was not disclosed under the CPIA 1996, and disclosure might have affected the outcome.
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Sentence manifestly excessive — the sentence was outside the appropriate guidelines range, wrongly assessed the culpability or harm category, or failed to give proper credit for a guilty plea.
The Criminal Cases Review Commission (CCRC)
The CCRC is an independent body that reviews possible miscarriages of justice in England, Wales, and Northern Ireland. It was established under the Criminal Appeal Act 1995 following a series of high-profile wrongful conviction cases.
The CCRC will refer a case to the Court of Appeal where it considers there is a real possibility that the conviction or sentence would not be upheld — based on:
- New evidence not raised at trial or on the original appeal
- A new argument on a point of law not previously argued
- Exceptional circumstances justifying a reference even without new evidence
The process is lengthy — applications typically take 2–5 years. A specialist solicitor frames the application to maximise the chances of a referral, presenting any fresh evidence in a form the CCRC can act on.
Related Guides
Frequently Asked Questions
Can I appeal after pleading guilty?
Yes, but the grounds are narrow. A guilty plea is a significant bar to a conviction appeal. The Court of Appeal may allow an appeal where the plea was not freely and voluntarily entered — for example, where the defendant was pressured into pleading guilty, where incorrect legal advice led them to believe they had no defence, or where the plea was based on a fundamental misunderstanding of the law. A sentence appeal is also available where the sentence was manifestly excessive, even following a guilty plea.
What happens if I miss the 28-day deadline for a Crown Court appeal?
You must apply for an extension of time alongside the appeal application. The court considers whether there is a good reason for the delay and whether the grounds of appeal are sufficiently strong to justify allowing the application out of time. Long delays and lack of good reason make extensions harder to obtain. It is always better to apply promptly — even if your grounds are not fully developed, an in-time application protects your position while the advice is completed.
Does appealing my conviction affect my sentence?
The Court of Appeal cannot increase a sentence on a conviction appeal brought by the defendant. However, if the prosecution appeals a "lenient sentence" under the Attorney General's reference procedure, the Court of Appeal can increase it. On a Crown Court appeal from the magistrates court, the Crown Court can increase the sentence — so this must be weighed when deciding whether to appeal.
What is the CCRC's real possibility test?
The CCRC must believe there is a real possibility — more than merely fanciful, but less than probable — that the Court of Appeal would not uphold the conviction if referred. This requires either new evidence or a new legal argument not previously raised. "New" means not raised at trial or on the original appeal. The CCRC does not find facts or substitute its view for the jury's; it assesses whether the material might change the outcome at the Court of Appeal.
Can I appeal from the Court of Appeal to the Supreme Court?
Yes, but only on a point of law of general public importance, with the Court of Appeal's certificate that the case involves such a point, and with the Supreme Court's permission (leave). This is very rarely granted in criminal cases. The Supreme Court does not rehear the facts — it considers only the specific point of law certified.