How Are Appeals Handled for Co‑Defendants?

In criminal proceedings in England and Wales, co‑defendants often face trial together when charged with the same or related offences. When any defendant wants to challenge a conviction or sentence through appeal, the process must reflect both the individual circumstances and the interconnected nature of the case. This article explains how appeals are handled when multiple co‑defendants are involved, the routes available, how the courts treat separate and joint appeals, key procedural steps, time limits, and practical considerations for defendants and their advisers.

Understanding Co‑Defendant Appeals

In a joint trial, more than one person stands accused of the same or related criminal charges. If one or more defendants are convicted or sentenced, each has a right to challenge that outcome through appeal procedures specific to England and Wales. Although co‑defendants may have been tried together, their appeals are treated as individual legal actions, unless they choose to pursue a joint appeal for convenience or efficiency.

The law recognises that:

• Co‑defendants can have different outcomes (for example, one convicted and another acquitted).
• An appeal by one defendant does not automatically apply to all co‑defendants.
• A ruling or appeal may affect only specified defendants and not others.

These principles ensure that each defendant's rights are respected even when their cases are linked.

Key Appeal Routes for Co‑Defendants

1. Magistrates' Court to Crown Court

Where co‑defendants were convicted in a magistrates' court, each defendant generally has an automatic right to appeal against conviction and/or sentence to the Crown Court, which rehears the case or sentence on its merits.

• Appeals from magistrates' courts involve a complete rehearing on evidence and law, subject to the scope of the appeal filed.
• Co‑defendants can file separate appeals, even where tried together, and the Crown Court will consider each appeal on its own basis.

This route is often used for less serious offences tried at first instance in magistrates' courts.

2. Crown Court to Court of Appeal (Criminal Division)

If co‑defendants were convicted or sentenced in the Crown Court, they must apply for permission to appeal to the Court of Appeal (Criminal Division).

• Permission is generally required on grounds of unsafe conviction, error of law, or manifestly excessive sentence.
• Time limits for serving an appeal notice are strict, commonly 28 days from conviction or sentence, unless the court orders otherwise.
• Co‑defendants may file separate appeals if their grounds differ, or coordinate a joint appeal where their legal issues overlap.

In criminal cases, the Court of Appeal focuses on whether the original conviction was unsafe or the sentence unjust, considering each defendant's situation individually and in context with the joint trial.

How Appeals Work When Defendants Have Different Grounds

Separate Appeals

Co‑defendants may disagree on appeal strategy:

• One defendant may argue that conviction was unsafe due to misdirection by the trial judge, while another may focus on sentence severity.
• Each defendant must lodge their own appellant's notice and articulate their own grounds of appeal.
• The Court of Appeal will consider each appeal on its merits, even if hearing them on the same day.

Separate appeals allow defendants to pursue distinct legal arguments without being bound by another's strategy.

Joint Appeals

In some circumstances, co‑defendants may agree to proceed with a joint appeal:

• This can streamline logistics where common legal issues apply to all defendants (for example, a shared legal error in summing up).
• Joint appeals require coordination of grounds, and the court must still consider individual outcomes for each defendant.
• Co‑defendants may lodge a joint statement of grounds and skeleton argument when appropriate.

Joint appeals can be efficient but are only sensible where defendants have aligned legal positions and interests.

Interlocutory Appeals and Co‑Defendants

In complex criminal proceedings, there may be interlocutory rulings (decisions made during trial) that affect co‑defendants differently. For example:

• A judge rules that certain evidence is inadmissible as to one defendant but not others.
• The prosecution may appeal that ruling only insofar as it affects one co‑defendant, specifying which defendant's rights are engaged.

The law treats the same offence with multiple defendants as separate offences in relation to each defendant for appeals against interlocutory rulings. This ensures that appeals can proceed on a case‑by‑case basis even within a single trial.

Time Limits and Permissions

Criminal appeal procedures in England and Wales are governed by strict time limits and procedural rules:

• Notice of Appeal Deadline: The appellant must serve notice within the set period (commonly 28 days).
• Permission Requirement (Crown Court Cases): Defendants must typically seek permission to appeal from the Crown Court or Court of Appeal.
• Separate Deadlines: Each co‑defendant's appeal is treated separately with its own deadline, unless the court directs otherwise.

Failure to comply with these time limits may lead to dismissal of the appeal unless the court grants an extension for good reason.

Practical Considerations for Co‑Defendants

Coordinating with Co‑Defendants

Although co‑defendants were tried together, there is no legal obligation to appeal together. Each defendant should:

• Determine whether appealing jointly or separately best serves their interests.
• Consult legal advisers early to assess grounds of appeal, deadlines, and case law.
• Ensure procedural compliance with appeal rules tailored to their individual circumstances.

Legal representation (e.g. a solicitor or advocate) can assist with drafting grounds, serving the notice, and presenting argument before the appellate court.

Potential Outcomes

On appeal, the Court of Appeal may:

• Quash one or more convictions while upholding others.
• Vary sentences where multiple offences are involved.
• Order a retrial in limited circumstances where the conviction is unsafe.

Each defendant's appeal outcome may differ, even where matters arose from the same trial.

Common Questions Co‑Defendants Face

Can one defendant's appeal bind another?
No. Each co‑defendant's appeal is a distinct legal action, unless they choose to present a joint appeal or the court consolidates appeals for hearing convenience.

What happens if one defendant succeeds on appeal but others do not?
The appellate court will assess each appeal on its own merits. Co‑defendants might receive different outcomes based on the strength of their grounds and individual circumstances.

Can the prosecution appeal acquittals?
Generally, the prosecution cannot appeal a jury acquittal due to double jeopardy principles, except in limited circumstances for legal points of significance.

Key Takeaways

When co‑defendants in England and Wales wish to appeal convictions or sentences following a joint trial:

• Each defendant has the right to lodge their own appeal, with separate grounds and procedural compliance.
• Appeals from magistrates' courts go to the Crown Court on rehearing; appeals from Crown Court convictions or sentences require permission to appeal to the Court of Appeal.
• Co‑defendants can coordinate joint appeals when their legal issues align, but the court will consider individual outcomes.
• Interlocutory rulings affecting specific defendants can be appealed in relation to those defendants alone.
• Strict time limits and procedural rules apply to all appeals, and early legal guidance is essential.

For anyone involved in such appeals, professional legal advice and careful planning are key to ensuring rights are protected and appeals are appropriately structured.