How Are Appeals From Crown Court to the Court of Appeal Managed?

When someone convicted or sentenced in the Crown Court believes there has been an error in the outcome, law or procedure, they may seek to appeal that decision. In England and Wales, such appeals are managed through a formal process leading to the Court of Appeal (Criminal Division). This article explains how that process works, what steps are required, the roles of the courts, applicable time limits, grounds for appeal, key procedural stages and practical considerations.

Appeals Beyond the Crown Court

The Court of Appeal (Criminal Division) is the principal appellate body for appeals from the Crown Court. It reviews cases where defendants challenge their convictions, sentences, or both, seeking to show that the original decision was unsafe, unlawful or otherwise incorrect. Appeals are governed by the Criminal Appeal Act 1968, the Criminal Appeal Act 1995, Criminal Procedure Rules Part 39 and the Consolidated Criminal Practice Direction.

An appeal is not a retrial of the original case; rather, judges assess whether legal or procedural errors justify overturning or varying the decision.

Who Can Appeal and What Can Be Appealed?

Defendants

A person convicted or sentenced in the Crown Court may appeal against:

• Their conviction,
• Their sentence, or
• Both conviction and sentence regardless of plea.

The Prosecution

The prosecution has limited rights to appeal certain rulings on points of law made during trial, but this is separate from ordinary Crown Court appeals.

Step 1: Applying for Permission to Appeal

Before an appeal is heard by the Court of Appeal, the appellant must apply for permission to appeal (sometimes called “leave to appeal”). This serves as an initial filter to ensure only appeals with arguable merit proceed.

Time Limits

Applications must normally be made within 28 days of:

• The date of conviction (for a conviction appeal), or
• The date of sentencing (for a sentence appeal).

If a defendant misses the deadline, they must provide a valid explanation for the delay; the court has discretion to extend time in limited circumstances.

Forms and Submission

The Criminal Appeal Office (CAO) administers appeal applications. Appellants complete the relevant Form NG (notice and grounds of appeal) and lodge it with the CAO by post or email.

Single Judge Review

A single judge of the Court of Appeal initially considers the application for permission. If they grant it, the appeal proceeds to a full hearing. If refused, the appellant can renew the application before a panel of judges.

Step 2: Notice of Appeal and Case Preparation

Once permission is granted the appeal moves into the next stage:

Service of Notice

After leave is granted, the appellant serves the Notice of Appeal and accompanying grounds of appeal on the Criminal Appeal Office. This formally initiates the appeal proceedings.

Prosecutor's Role

The prosecution may be invited to provide a written response to the grounds of appeal early in the process to assist the appellate judges in deciding whether the appeal should be allowed.

Skeleton Arguments

Both appellant and respondent (prosecution) prepare skeleton arguments - written outlines of legal submissions - and lodge them with the Registrar within set times, often 14 days after permission is granted.

Respondent's Notices can be filed when the prosecution wishes to make specific representations to the Court of Appeal.

Step 3: The Appeal Hearing

Listing and Notification

Once documentation is complete, the Criminal Appeal Office lists the case for hearing. Appellants receive notification of hearing dates and directions.

Hearing Before Judges

Appeals are typically heard by a panel of three or more Court of Appeal judges. Both sides make oral submissions. For conviction appeals, the prosecution will usually present the case against the appeal. For sentence appeals, prosecution participation varies by issue.

New Evidence

In some situations, the Court of Appeal can hear new evidence not presented at the original trial, if it meets strict admissibility criteria, such as being credible and potentially affecting the safety of the conviction.

What the Court Can Decide

At the appeal hearing, judges can:

• Dismiss the appeal, upholding the original conviction or sentence,
• Quash the conviction, meaning it is overturned,
• Vary the sentence, reducing or modifying it,
• Remit the case for retrial, where appropriate.

Unsuccessful appeals generally end at this stage, unless a further appeal on a point of law of general public importance is brought to the Supreme Court.

Time Limits and Extensions

Strict time limits apply throughout the appeal process:

• 28 days for applications for permission to appeal against conviction or sentence.
• 14 days to lodge skeleton arguments after permission is granted.

Requests for extensions may be granted in limited circumstances where an appellant provides good reasons, but adhering to deadlines is crucial.

Practical Considerations and Common Questions

Legal Representation

While appellants can apply without a solicitor or barrister, legal representation is strongly recommended due to the technical nature of appellate law.

Effect on Custody

Filing an appeal does not automatically suspend a custodial sentence. A separate application for bail pending appeal may be made and is determined at the court's discretion.

Costs and Victim Notification

There is no statutory fee for lodging an appeal, but legal costs may arise. The Criminal Appeal Office also notifies victims and witnesses of appeal hearings and outcomes.

Key Takeaways

Appeals from the Crown Court to the Court of Appeal are managed through a structured legal framework:

• An appellant must apply for permission to appeal within 28 days of conviction or sentence.
• Once permission is granted, the appellant serves a Notice of Appeal and grounds on the Criminal Appeal Office.
• Both sides prepare skeleton arguments and may serve respondent's notices.
• The appeal is heard before a panel of Court of Appeal judges, who assess safety of conviction or appropriateness of sentence.
• The court may uphold, quash or vary the decision, or order a retrial.

Understanding this procedure helps defendants, their families and advisers navigate the appellate system and exercise rights effectively.