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.
Comprehensive guide to how appeals are reviewed in England and Wales when new evidence not previously available arises, explaining legal criteria, appellate procedures, the role of the Court of Appeal and the Criminal Cases Review Commission, time limits and practical steps.
In England and Wales, appeals based on new evidence that was not available at the original trial are a critical aspect of the criminal justice system. Such evidence can be instrumental in demonstrating that a conviction is unsafe, potentially resulting in it being quashed or a sentence being varied. However, both the appeals courts and specialist bodies such as the Criminal Cases Review Commission (CCRC) apply defined legal tests and procedural rules before considering such evidence. This article explains how appeals are reviewed when new evidence comes to light, the legal frameworks governing these reviews, the role of courts and tribunals, and practical steps for litigants.
What Counts as New Evidence in Appeals?
“New evidence” refers to material that was not adduced at the original trial and was not available to the defence at that time. It is often significant in nature - for example, scientific developments, new witness statements, or forensic results that could not reasonably have been obtained before the trial. To justify appeal consideration, such evidence must be capable of belief, potentially influence the outcome, and have a reasonable explanation for not being presented earlier.
Courts will not admit evidence simply because it is new; there must be a clear and compelling connection between the evidence and the safety of the conviction or the appropriateness of the sentence.
How the Court of Appeal Reviews New Evidence
Criminal Appeal Act 1968, Section 23
The Court of Appeal (Criminal Division) has statutory power to receive new evidence under section 23 of the Criminal Appeal Act 1968. This provision allows the court to consider evidence that was not adduced in the original proceedings if the court thinks it necessary or expedient in the interests of justice.
In practice, the court considers several key factors before accepting new evidence on appeal:
- Credibility: whether the evidence appears capable of belief.
- Materiality: whether it may afford a ground for allowing the appeal.
- Admissibility: whether the evidence would have been admissible at the original trial.
- Explanation: whether there is a reasonable explanation for failing to present the evidence earlier.
Only when these criteria are satisfied will the Court of Appeal admit the new evidence and consider its potential impact on the safety of the conviction or fairness of the sentence.
Role of the Criminal Cases Review Commission (CCRC)
Independent Case Review
The Criminal Cases Review Commission (CCRC) is an independent body established to investigate alleged miscarriages of justice and to refer cases back to the Court of Appeal when there is a real possibility that the conviction or sentence would not be upheld if reconsidered.
The CCRC is especially important where a defendant's appeal rights have been exhausted. While the CCRC is not itself a court and cannot overturn convictions or sentences, it can investigate thoroughly and identify new evidence or legal arguments that were not before the courts previously. This may include locating new witness statements, commissioning scientific or forensic analysis, or re‑interviewing original witnesses.
CCRC Application Requirements
To consider a case, the CCRC generally expects applicants to have already attempted an appeal through normal court channels. It will normally examine a case for investigative review only if there are fresh grounds for appeal, such as evidence not previously seen at trial or on appeal.
Examples of evidence the CCRC might deem significant include new medical or scientific test results or witness statements that contradict the original evidence. If the CCRC finds material likely to satisfy the Court of Appeal's criteria, it refers the case back for fresh appeal consideration.
Cases Where New Evidence Has Swayed Appeals
High‑profile cases illustrate the importance of new evidence in appeal reviews. In one instance, after decades in custody, advanced DNA testing - unavailable at the time of the original trial - played a decisive role in demonstrating that the conviction was unsafe. The Court of Appeal quashed the conviction after evidence showed that key biological material did not match the accused, highlighting how scientific progress can be central to justice.
Such cases underscore the value of mechanisms that allow fresh evidence to be introduced when it meaningfully affects the reliability of a conviction.
Practical Steps for Relying on New Evidence
During a Standard Appeal
- Prepare grounds for appeal that explicitly refer to the new evidence. Strong appeals will include a clear explanation of why the evidence could not have been obtained before the original trial.
- Establish relevance and admissibility of the new material - evidence must be legally permissible in court and pertinent to issues raised on appeal.
- Support the appeal with legal reasoning, showing how the new evidence potentially undermines confidence in the original conviction.
The Court of Appeal may then decide whether to admit the evidence under section 23 of the Criminal Appeal Act 1968 and reconsider the conviction or sentence in light of the new material.
After Appeal Rights Are Exhausted
If a standard appeal fails or time limits have passed, an application to the CCRC is often the next step. Applicants (or representatives) should:
- Clearly articulate why the evidence is new and how it was unavailable at trial or on earlier appeal.
- Provide as much supporting documentation and context as possible to help the CCRC assess the significance of the evidence.
- Be prepared for an investigation that may take several months, given the thorough nature of CCRC reviews.
If the CCRC refers the case back to the Court of Appeal, the usual appeal process is restarted with fresh evidence now acknowledged.
Time Limits and Exceptional Circumstances
Appeal Time Limits
Standard appeals must usually be lodged within defined timeframes after conviction or sentencing. However, the CCRC operates without fixed time limits, allowing applications even many years later, provided that a conviction has been the subject of at least one appeal.
Exceptional Considerations
In rare situations, the CCRC may investigate cases before a court appeal has been attempted, but only where there are truly exceptional circumstances explaining why an appeal was never sought and why the case requires early review.
Challenges and Limitations
While the law recognises new evidence for appeals, courts and the CCRC maintain high thresholds. New evidence must be genuinely novel and capable of affecting the verdict or sentence. Evidence merely re‑interpreting material already presented at trial usually will not suffice.
The rationale is to balance the finality of verdicts with justice - ensuring that only genuinely transformative evidence reopens concluded cases. Critics of the system argue that this approach can delay justice or leave some unsafe convictions unaffected until decisive new material becomes available. However, current law seeks to ensure that only credible and materially compelling evidence justifies reopening appeals.
Common Questions About New Evidence Appeals
Can evidence be introduced in appeal even if it was technically available at the time of trial?
The law generally requires that the evidence could not have been presented at trial. If it simply was overlooked, courts are less likely to admit it unless there is a strong explanation for its absence.
Does new evidence guarantee an appeal will succeed?
No. Even when it is admitted, the court must still conclude that the conviction is unsafe or the sentence unjust due to the evidence.
Can family members apply to the CCRC on behalf of a convicted person?
Yes; applications can be made by anyone with proper authority or the consent of the convicted person.
Key Takeaways
When new evidence that was not previously available emerges, England and Wales offer structured legal avenues to challenge convictions and sentences. The Court of Appeal can admit fresh evidence under section 23 of the Criminal Appeal Act 1968 where specific criteria are met. When direct appeals have been exhausted, the Criminal Cases Review Commission investigates and refers cases back for reconsideration if there is a real possibility that the conviction or sentence would not stand. These pathways help ensure that the justice system remains responsive to developments in evidence and science while maintaining procedural fairness and finality where appropriate.
