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 convictions are quashed on appeal in England and Wales. This comprehensive guide explains the legal framework, grounds for quashing convictions, the appeal process, and what happens after a conviction is overturned, including retrials and acquittals.
A conviction is the formal legal finding that a person is guilty of a criminal offence. In England and Wales, convictions can be quashed - that is, set aside or overturned - on appeal when the appellate court determines that the original conviction was unsafe or there was a miscarriage of justice. This process protects legal fairness and ensures that wrongful convictions can be corrected. This article explains how convictions are quashed on appeal, the legal framework, typical grounds, procedural steps, and what happens after a conviction is overturned.
What Does It Mean to Quash a Conviction?
To quash a conviction means to formally cancel it so that the finding of guilt is no longer valid. When the Court of Appeal (Criminal Division) quashes a conviction, the court essentially declares that the original conviction cannot stand because of legal or procedural faults that undermine confidence in the verdict. The conviction is treated as if it never legally existed.
Once quashed, the Court of Appeal may also order a retrial if it is in the interests of justice. Alternatively, the court may direct that the record of conviction be replaced with a verdict of acquittal.
Legal Framework: The Criminal Appeal Act 1968
The main statutory basis for quashing convictions is the Criminal Appeal Act 1968. This Act governs how criminal appeals are brought to the Court of Appeal and sets out the test for allowing appeals against conviction.
Section 2 of the Criminal Appeal Act 1968 provides that the Court of Appeal must allow an appeal against conviction if it thinks the conviction is unsafe. If the appeal is allowed, the court must quash the conviction.
A conviction will be considered unsafe where there is real doubt about its reliability because of error of law, procedural unfairness, new evidence, or other material issues affecting the integrity of the trial.
Who Can Appeal and Time Limits
A person convicted at Crown Court needs leave (permission) from the Court of Appeal to appeal against conviction, unless the trial judge has certified within 28 days that the case is “fit for appeal.” The appeal notice, including grounds of appeal, must be served within 28 days of conviction or sentencing.
If leave is refused by a single judge, the applicant may renew the application before a full court of the Court of Appeal. If an appeal is not lodged in time, courts can sometimes grant extensions of time where there is good reason for the delay and a compelling appeal argument.
Grounds on Which Convictions Are Quashed
A conviction can be quashed on a range of grounds. These fall broadly into errors at trial, procedural unfairness, and fresh evidence.
1. Unsafe Convictions
The fundamental test is whether the conviction is unsafe. A conviction may be unsafe even where the evidence appears strong if there are legal or procedural problems that undermine confidence in the verdict. Examples include misdirection by the trial judge, misapplication of legal principles, or evidence admitted in error.
In rare circumstances, courts may apply the lurking doubt principle - a discretionary approach allowing an appeal if the judges have a genuine doubt about the correctness of the verdict, based on the whole evidence. This is a subjective standard and is applied sparingly.
2. Errors of Law or Fact
Errors in law occur where the trial judge wrongly interpreted or applied legal principles. Errors of fact involve mistaken findings that affected the outcome. Both can render a conviction unsafe.
3. Procedural Irregularity
If trial procedures were unfair - for example, juror misconduct, improper admission of evidence, or failure to allow the defence adequate disclosure - this can support quashing a conviction.
4. Fresh Evidence
Section 23 of the Criminal Appeal Act 1968 allows the Court of Appeal to consider new evidence that could not reasonably have been presented at trial. If this evidence undermines confidence in the conviction, the court may quash it. Fresh evidence must be credible, material, and likely to contribute to the appeal's success.
5. Miscarriage of Justice Identified by CCRC
The Criminal Cases Review Commission (CCRC) can investigate potential miscarriages of justice and refer cases back to the Court of Appeal. Many high‑profile quashed convictions - such as those overturned because of new DNA evidence - have been referred by the CCRC.
The Appeal Hearing and Decision
Once an appeal has been filed and leave obtained, the Court of Appeal schedules a hearing. During this hearing, the appellant (usually through legal representatives) argues why the conviction is unsafe. The prosecution responds with arguments to uphold the conviction.
The Court of Appeal carefully reviews trial records, legal submissions, and any new evidence presented. The court's task is not to retry the case but to decide whether errors or new issues undermine the safety of the conviction.
If the appeal is allowed, the court will quash the conviction. It may also:
- Direct a verdict of acquittal, meaning the appellant is legally cleared, or
- Order a retrial, particularly where errors at trial mean the original process cannot stand yet there remains a proper case to answer.
The court can also quash part of a multi‑count conviction and leave others intact, or substitute convictions on alternative counts if appropriate.
Examples of Quashed Convictions
Recent years have seen significant quashed convictions highlighting different appeal scenarios:
- Wrongful conviction due to corrupt police evidence: Two men's convictions were quashed because evidence had been planted by a corrupt officer, undermining the fairness of their trials.
- Unsafe forensic and hearsay evidence: A long‑standing murder conviction was quashed where unreliable forensic testimony and hearsay were central to the verdict, illustrating how modern appellate review addresses outdated evidence standards.
- CCRC referrals based on new science: A man's decades‑old murder conviction was quashed after DNA testing established the original conviction was unsafe, reflecting advances in scientific evidence leading to quashed convictions on appeal.
These examples demonstrate how appeals function as a vital safeguard against miscarriages of justice.
After a Conviction Is Quashed
Once a conviction is quashed:
- If the court orders acquittal, the conviction is replaced with a not guilty verdict and the appellant is legally cleared.
- If a retrial is ordered, the case returns to Crown Court for a fresh trial. A retrial may consider the case without the errors that led to the quashing.
- If time limits for appeal were extended or fresh evidence was accepted, the conviction is quashed on the basis of those considerations.
In some circumstances where convictions are quashed on the basis of new evidence indicating factual innocence, individuals may seek compensation under section 133 of the Criminal Justice Act 1988, provided specific statutory conditions are met.
Key Takeaways
Convictions in England and Wales can be quashed on appeal when the Court of Appeal determines that the conviction is unsafe due to legal error, procedural unfairness, or new evidence. The process is governed by the Criminal Appeal Act 1968 and involves initial leave to appeal, careful appellate review, and a decision that replaces the conviction with an acquittal or orders a retrial. Quashed convictions play an essential role in correcting miscarriages of justice and upholding the integrity of the criminal justice system.
