This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Discover how appeals against compensation orders are managed in England and Wales - including appeal routes, grounds for challenge, courts involved, time limits and practical steps to contest criminal compensation orders successfully.
When a criminal court convicts an offender in England and Wales, it may make a compensation order requiring the offender to pay money to a victim to cover personal injury, loss or damage resulting from the offence. A compensation order can be imposed on its own or alongside other sentences such as fines or community orders.
If a person subject to a compensation order believes it was imposed unlawfully, is manifestly excessive, or based on incorrect procedure or legal error, there are legal routes to challenge that order. This article explains how appeals against compensation orders are processed, the rights available, the courts involved, relevant time limits, and what appellants and victims should know.
What Is a Compensation Order?
A compensation order is a sentencing tool used to require an offender to pay money to a victim for loss, injury or damage caused by that offence. It is not a punishment in the same way as a fine, but a form of restitution intended to put the victim in the position they would have been in but for the offence.
Under the Sentencing Act 2020, courts must ordinarily consider compensation where appropriate, and courts must take into account the offender's financial means before making an order.
Legal Basis for Appeals
Compensation orders form part of the criminal court's sentencing decision. As a result, an appeal against a compensation order is generally treated as an appeal against sentence or, where relevant, as an appeal against conviction. Compensation orders carry legal status similar to other financial orders attached to a conviction, and there is a statutory linkage between compensation orders and appeal rights.
A person against whom a compensation order is made can challenge it if they believe:
- The order was made in error of law, such as a failure to apply statutory requirements correctly.
- The amount awarded is manifestly excessive compared with the actual loss or damage.
- The court failed to properly consider relevant factors, including the offender's means to pay.
How to Appeal a Compensation Order
Step 1: Notice of Appeal
To appeal a compensation order made by a magistrates' court or Crown Court, the appellant must usually file a notice of appeal within the applicable time limits for that level of court. Since compensation orders are part of the sentencing decision, appeals are typically handled alongside the rest of the sentence appeal.
- Magistrates' court: The appeal - against conviction or sentence - normally must be lodged within 21 days of the order.
- Crown Court: If ordered by the Crown Court, the appeal is filed under the standard time limits for Crown Court sentences.
These time limits are strictly applied. If an appellant misses the deadline without a valid reason, the court may refuse the appeal unless permission to appeal out of time is granted. Local court staff can usually explain procedural requirements but cannot give legal advice.
Step 2: Grounds and Scope of Appeal
In the appeal notice, the appellant must set out the grounds of appeal - the reasons why, legally or factually, they consider the compensation order was wrong. These grounds are then considered by the appellate court.
If the appeal is against a sentence that included a compensation order, the appeal will usually be reheard in the context of the broader sentencing appeal, considering both the appropriateness of the compensation order and any other challenged sentencing elements.
Step 3: Hearing in the Appropriate Court
Magistrates' Court Appeals
Appeals from a magistrates' court are typically heard in the Crown Court. This hearing functions as a re‑hearing of the case, where the Crown Court reviews whether the magistrates' court applied correct legal principles and whether the order was proportionate.
At the Crown Court hearing:
- A judge and often magistrates will rehear the case.
- The arguments on appeal are presented on both sides.
- The Crown Court may uphold, vary, quash or substitute the compensation order or the sentence as a whole.
Crown Court Appeals
If the compensation order was imposed by the Crown Court itself, appeals to higher courts require permission to appeal, typically to the Court of Appeal (Criminal Division). Permission will only be granted where there is a real prospect of success or some other compelling reason for the appeal to be heard. Appeals of this nature are governed by the Criminal Appeal Act 1968 and the criminal appeal rules.
In either forum, the appellant must justify why the order is incorrect based on legal or procedural grounds.
Step 4: Possible Outcomes
The appellate court has several possible outcomes when deciding an appeal against a compensation order:
- Upheld: The compensation order is upheld if the court finds no error or excessive element.
- Varied or Reduced: The amount may be reduced if it is found to be disproportionate or not supported by evidence.
- Quashed: The order may be quashed in whole or in part if it was made in error of law or on an incorrect basis.
- Substituted: The court may substitute a correct order where appropriate, such as recalculating compensation based on more accurate evidence.
If the compensation order is varied or quashed, the appellate court's decision determines the new legal outcome.
Special Situations and Further Challenges
Appeals Linked to Conviction
If a compensation order is tied to a conviction that itself is under appeal, the compensation order generally cannot take effect until all avenues of appeal have been exhausted. A successful appeal against conviction typically leads to the order ceasing to take effect.
Review Within the Original Court
In limited circumstances, before full compliance with a compensation order or before all appeal avenues are concluded, a person may apply to the original court that made the order for review or variation. For example, the Criminal Justice Acts contain provisions allowing the court to discharge or reduce the order if circumstances changed materially or if civil proceedings have shown the loss was less than assumed at sentencing.
Judicial Review
In some specific contexts - particularly outside the criminal sentencing arena, such as decisions by compensation tribunals like the Criminal Injuries Compensation Authority (CICA) - if there is no direct statutory right of appeal, an aggrieved person may apply for judicial review. Judicial review is not an appeal on the merits but a process in the Upper Tribunal where it is argued that the tribunal acted unlawfully, irrationally, or procedurally unfairly.
Time Limits and Practical Advice
Strict time limits apply to appeals against compensation orders, as with other appeals in the criminal courts. Missing a deadline can mean losing the right to challenge the order unless the court grants permission to appeal late, which is rare and requires a convincing explanation.
Appellants should:
- File their notice of appeal promptly within the statutory period.
- Clearly identify the grounds for appeal.
- Prepare supporting evidence for their arguments.
- Understand that court staff can assist with procedures but not provide legal advice.
Legal representation or guidance from a solicitor or legal advice centre can be valuable, especially in complex cases or where substantial amounts of compensation are at stake.
Common Questions
Can only the compensation part of the sentence be appealed?
Yes. Since compensation orders form part of the sentencing decision, an appeal can focus specifically on the compensation element, though it may be considered alongside other sentencing elements.
Does appealing stop the order from being enforceable?
Compensation orders are generally suspended while an appeal is pending, as set out in statutory rules, meaning payment may not be required until after all appeal avenues are exhausted. However, confirming this in specific cases is important.
What if circumstances change after the order is made?
In limited cases, a review or variation can be sought in the original court if there have been material changes in circumstances or new evidence showing the basis of the compensation was flawed.
Key Takeaways
In England and Wales, appeals against compensation orders are managed as part of the criminal appeals framework. Key points include:
- Compensation orders are considered part of the sentencing decision and so can be appealed on legal error, excessiveness, or procedural irregularity.
- Appeals from magistrates' courts usually go to the Crown Court, while appeals from the Crown Court require permission to the Court of Appeal.
- The appellate court may uphold, vary, quash, or substitute a compensation order.
- Compensation orders are generally suspended during the appeal process, and civil review avenues exist in certain specialised contexts.
- Strict time limits apply, and effective grounds and evidence are essential.
Understanding the appeal routes ensures that appellants and their representatives can navigate the criminal justice system effectively when challenging a compensation order.
