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.
Learn how appeals are heard for perjury convictions in England and Wales. This guide explains appeal routes from Magistrates' Court and Crown Court, permission requirements for the Court of Appeal, time limits, potential outcomes, and further review options including the CCRC and Supreme Court. Clear, authoritative guidance for students, practitioners and the public.
Perjury - the criminal offence of knowingly giving false evidence under oath in judicial proceedings - is a serious matter in the criminal justice system of England and Wales. Convictions can carry significant penalties, including imprisonment. As with other criminal offences, individuals convicted of perjury have legal rights to challenge their conviction or sentence through an appeal process. This article explains how appeals are heard for perjury convictions, outlines the appeal routes, timelines, what courts are involved, and what the process entails for those seeking review of a conviction or sentence.
Appeals in Criminal Law
In criminal justice, an appeal is a request for a higher court to review a lower court's decision. Appeals are not simply “re‑trials” of the case; they focus on answering whether the original decision was lawful, fair, and free of error. Appeals may be pursued against:
- A conviction (challenging guilt), and
- A sentence (challenging the punishment imposed).
Appeals must be supported by recognised legal grounds and filed within strict time limits.
Although perjury is a specific offence, the procedure for appealing a perjury conviction follows general criminal appeal rules applicable to all indictable or summary offences in England and Wales.
The Courts Involved in Appeals
Magistrates' Court and Crown Court
Perjury cases are often indictable (heard in the Crown Court), given the seriousness of the offence. However, less serious matters or preliminary hearings may start in the Magistrates' Court. Appeals depend on where the conviction and sentence were imposed:
- Magistrates' Court convictions: appeal to the Crown Court as a fresh hearing.
- Crown Court convictions: appeal to the Court of Appeal (Criminal Division).
The appeal process for both conviction and sentence is governed by legislation including the Criminal Appeal Act 1968 and by procedural rules.
Appealing from the Magistrates' Court
Route and Time Limits
If a person is convicted of perjury (rare in Magistrates' Court but possible for related lesser offences) in a Magistrates' Court, they generally have an automatic right to appeal to the Crown Court. The appeal must usually be lodged within 21 days of the conviction or sentence taking effect.
What Happens at the Crown Court?
An appeal from the Magistrates' Court is heard as a fresh hearing. A Crown Court judge, sitting with two magistrates, reviews evidence and legal issues. The court may:
- Confirm the conviction or sentence,
- Quash the conviction,
- Vary the sentence,
- Remit the case back to the Magistrates' Court with directions.
This renewed hearing offers an opportunity to revisit both factual and legal matters where appropriate.
Appealing from the Crown Court
Court of Appeal (Criminal Division)
Where a perjury conviction is imposed in the Crown Court, the next appellant forum is the Court of Appeal (Criminal Division). This court specialises in criminal appeals and is authorised to review convictions or sentences for potential legal or procedural errors.
Permission (Leave) to Appeal
In contrast to Magistrates' Court appeals, there is no automatic right to appeal from the Crown Court. A convicted person must apply for permission to appeal (sometimes called “leave to appeal”) before the Court of Appeal will hear the full appeal. If such permission is granted, the appeal proceeds to a substantive hearing.
Grounds for Appeal
Common grounds for appealing a perjury conviction include:
- An unsafe conviction - where an error of law, significant procedural irregularity, misdirection to the jury, or other fault made the verdict unreliable;
- A manifestly excessive sentence - where the punishment is disproportionate to the offence or wrong in principle.
The Court of Appeal may consider arguments, transcripts, and legal authorities to assess whether a lower court's decision should stand.
Appeal Outcomes
If the Court of Appeal allows the appeal, it may:
- Quash the conviction, meaning the conviction is overturned;
- Remit the case for a retrial in serious cases;
- Adjust the sentence, reducing or modifying the original punishment;
- Uphold the original conviction or sentence if the appeal fails.
In all cases, the court's decision will be based on whether the original outcome was “unsafe” or procedurally incorrect.
Further Appeal Routes
Criminal Cases Review Commission (CCRC)
If standard appeals are exhausted or if new evidence emerges, individuals convicted of perjury may seek review by the Criminal Cases Review Commission (CCRC). The CCRC investigates alleged miscarriages of justice and can refer a case back to the Court of Appeal if it identifies material ground for reconsideration. This is not a direct appeal but an independent review route.
Supreme Court Appeals
In exceptional circumstances where a case involves a point of law of general public importance, further appeal to the Supreme Court may be possible. Permission is strictly limited and requires certification of significant legal issues. This avenue is rarely used in ordinary perjury appeals.
Practical Considerations and Time Limits
Strict Deadlines
Appeal time limits are critical:
- Magistrates' Court to Crown Court: usually within 21 days of conviction or sentence.
- Crown Court to Court of Appeal: usually within 28 days of conviction or sentence and subject to permission requirements.
Missing these deadlines without a valid reason can result in a loss of appeal rights.
Acting Promptly and Grounds Required
Appeals must include clear legal grounds and supporting material. Appeals are technical and complex; simply being unhappy with a conviction or sentence is insufficient without demonstrable legal or procedural issue. Legal representation helps ensure procedural steps are followed correctly and that grounds are properly articulated.
Impact of Perjury on Appeals
Being convicted of perjury does not remove the right to appeal that conviction or sentence; individuals retain appeal rights subject to usual procedures and time limits. Any available new evidence or legal argument supporting an appeal must be prepared and submitted in accordance with criminal appeal rules. (Based on general criminal appeal procedure)
Key Takeaways
Appeals for perjury convictions in England and Wales follow established criminal appeal procedures:
- A conviction in a Magistrates' Court can be appealed to the Crown Court as a fresh hearing.
- A conviction in the Crown Court is appealed to the Court of Appeal (Criminal Division), with permission required for the appeal to proceed.
- Further review may arise through the Criminal Cases Review Commission or, in rare cases involving significant points of law, the Supreme Court.
Strict time limits and clear legal grounds are essential for successful appeals.
This structured appeals framework ensures that individuals convicted of perjury can challenge decisions they believe to be incorrect or unjust while maintaining the integrity of the criminal justice system.
