This guide is maintained as a current resource for July 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 sentences are reduced on appeal in England and Wales, including legal grounds such as manifestly excessive sentences, errors in law or principle, procedural irregularities, and fresh evidence, with an overview of the appeal process and practical considerations.
A sentence imposed by a criminal court can be reduced on appeal when the appellate court concludes that the original sentence was too harsh, wrong in principle, or based on legal error or procedural unfairness. Reducing sentences on appeal helps ensure fairness in sentencing and can correct mistakes made at first instance. This article explains how and when sentences are reduced on appeal, the legal framework, typical grounds for change, procedural steps, and practical considerations for appellants.
Post‑Sentence Appeals
In the criminal justice system of England and Wales, defendants have the right to challenge their sentence if they believe it is unjust. Appeals against sentence are separate from appeals against conviction, and they follow defined statutory and procedural rules. The Court of Appeal (Criminal Division) has power to reconsider sentencing decisions and adjust them if appropriate.
This process is governed primarily by the Criminal Appeal Act 1968, supported by case law and procedural rules that guide how sentencing appeals are conducted and when reductions are justified.
Legal Framework for Sentence Appeals
1. Criminal Appeal Act 1968
Under section 11(3) of the Criminal Appeal Act 1968, when the Court of Appeal allows an appeal against sentence, it may quash the original sentence and replace it with a sentence it thinks appropriate. However, the court must ensure that, taking the case as a whole, the appellant is not more severely dealt with on appeal than in the original sentencing. This principle protects appellants from harsher outcomes simply by exercising their appeal rights.
The court's powers extend to varying the form or length of the sentence, including custodial and non‑custodial orders, provided the overall impact is fair.
Grounds for Reducing a Sentence on Appeal
2. Manifestly Excessive Sentences
One of the most common grounds for reduction is that the original sentence was manifestly excessive. This means the sentence falls outside the range of sentences that a judge could reasonably consider appropriate based on the facts and relevant sentencing guidelines. The Court of Appeal does not intervene simply because it might have imposed a lower sentence, but it will act if there is a clear error in how the sentence was determined.
For example, the sentencing judge might have:
- Adopted an incorrect starting point;
- Given too much weight to aggravating factors or insufficient weight to mitigating factors;
- Failed to apply sentencing guidelines correctly;
- Overlooked relevant mitigating evidence.
If a sentence is manifestly excessive, the Court of Appeal may reduce it on appeal.
3. Errors of Law or Principle
Appeals can succeed when the sentencing judge made an error in law or principle. An example might be misinterpreting statutory provisions, failing to consider relevant legal factors, or breaching established sentencing principles such as the principle of totality (which ensures that multiple sentences do not cumulatively exceed what is just and proportionate for the overall offending).
A sentence may also be reduced on appeal if it resulted from a factual error - for instance, where the judge relied on incorrect information about the offender or the offence.
4. Procedural Irregularities or New Evidence
Errors in the sentencing process - such as failing to consider a pre‑sentence report, miscalculating previous convictions, or overlooking significant personal circumstances - can justify a reduction on appeal. Where new evidence emerges (for example, new medical or psychological records), the Court of Appeal can consider it if it has material relevance to the appropriateness of the sentence.
In some cases, the Criminal Cases Review Commission (CCRC) may refer a sentence to the Court of Appeal after uncovering new evidence or circumstances suggesting the sentence is manifestly excessive. This referral can lead to sentence reduction on appeal.
Procedure: How Sentence Appeals Work
5. Applying for Leave to Appeal
Unlike conviction appeals, a defendant must usually obtain leave (permission) from the Court of Appeal before the substantive appeal against sentence can be heard. Applications for permission are made on notice of appeal, typically within 28 days of the sentencing decision. This time limit is strict; extensions may be granted only in exceptional circumstances.
If the sentencing court believes the case is appropriate for appeal, it may certify that the case is “fit for appeal,” which can simplify the process of obtaining leave.
6. Hearing and Decision
If leave is granted, the sentencing appeal is listed for hearing before the Court of Appeal. During the hearing, each side presents legal arguments about why the sentence should be reduced (or confirmed). The court then decides whether to quash and replace the sentence or to dismiss the appeal.
When reducing a sentence, the court must ensure that the replacement sentence is fair and proportionate and that it does not exceed the original sentence in severity overall. This means the court cannot, for example, impose a harsher custodial term than that initially given simply because it disagrees with it.
Practical Considerations for Appellants
7. Grounds Must Be Clearly Articulated
Defendants must clearly articulate the grounds for appealing a sentence, explaining why it is manifestly excessive, wrong in principle, or based on incorrect facts. Legal representation is crucial for framing compelling arguments and complying with procedural requirements.
8. Time Limits
Deadlines are strict. In the Crown Court, an appeal against sentence or conviction must usually be filed within 28 days of the sentence being passed. Extensions may be possible but require convincing reasons, such as delays in receiving sentencing documentation.
Common Questions
Can a sentence on appeal be increased?
In appeals brought by a defendant against sentence, the Court of Appeal generally cannot increase a sentence beyond what was originally imposed, except within specific statutory frameworks like the unduly lenient sentence scheme where the Attorney General refers a case for review under the Criminal Justice Act 1988. In that context, the Court can increase a sentence that is considered unduly low, but this is distinct from a defendant's appeal.
What if new evidence arises after appeal deadlines?
Where significant new evidence emerges after the deadline, either the CCRC may refer the case back to the Court of Appeal, or a court may grant an extension of time to raise fresh grounds if it is in the interests of justice.
Key Takeaways
Sentences in England and Wales can be reduced on appeal when the Court of Appeal finds that the original sentence was manifestly excessive, wrong in law or principle, or influenced by procedural error or new evidence. This power ensures that sentencing remains just and proportionate. The process involves applying for permission to appeal, presenting clear grounds, and attending a hearing where the appellate judges reconsider the appropriateness of the original sentence. Understanding the legal test and procedural requirements helps defendants and legal practitioners navigate sentence appeals effectively.
