Appeals

About Appeals

The appeal routes in the criminal justice system depend on which court dealt with the original case. From the Magistrates' Court, appeals against conviction or sentence go to the Crown Court, where the case is reheard before a judge and two magistrates. This is effectively a fresh trial and new evidence can be presented. Appeals from the Crown Court go to the Court of Appeal (Criminal Division), where the test is whether the conviction is unsafe or the sentence is manifestly excessive or wrong in principle. In exceptional cases, a further appeal may lie to the Supreme Court on a point of law of general public importance.

The time limits for appeals are strict. From the Magistrates' Court, the appeal must be lodged within twenty-one days of sentence. From the Crown Court, the application for leave to appeal must be lodged within twenty-eight days of conviction or sentence. These time limits can be extended, but only where there is good reason for the delay. Missing the deadline without a proper explanation can mean losing the right to appeal entirely.

Appeals against conviction from the Crown Court require leave (permission) from the Court of Appeal. The appellant must demonstrate arguable grounds — for example, that the judge made an error of law in directing the jury, that evidence was wrongly admitted or excluded, that fresh evidence has emerged that was not available at trial, or that the trial was unfair for some other reason. The Court of Appeal does not rehear the entire case — it reviews whether the conviction is safe in light of the grounds raised.

Appeals against sentence can be brought where the sentence imposed was manifestly excessive — meaning it was outside the reasonable range that a properly directed court could have imposed. The sentence must be more than merely stern or higher than the appellant hoped for. Successful sentence appeals result in the Court of Appeal substituting a lower sentence. However, there is a risk: if the prosecution cross-appeals or the Court of Appeal considers the original sentence unduly lenient, the sentence can be increased.

Why Early Representation Matters

We review the trial proceedings, the judge's directions to the jury, and the evidence to identify whether there are viable grounds for appeal. Not every disappointing verdict gives rise to an appeal — the test is specific, and only cases with genuinely arguable grounds should be pursued. We give you an honest assessment of the prospects and, if the grounds are there, we prepare the application and the supporting arguments thoroughly.

For Magistrates' Court appeals, we prepare the case for a full rehearing in the Crown Court, which often provides an opportunity to present the defence more effectively or to call evidence that was not available at the original hearing. For Crown Court appeals, we instruct specialist appellate barristers who understand the particular requirements of the Court of Appeal and can present the legal arguments with the precision that tribunal demands.