How Are Written Submissions Made in Criminal Appeals?

When a criminal appeal is lodged in England and Wales, written submissions are a foundational part of the process. Written submissions set out the legal grounds on which a conviction or sentence is challenged, explain the relevant law, and identify the evidence and authorities supporting each side's position. These submissions are essential for judges to understand the legal issues before any oral hearing and can sometimes be decisive where appeals are decided on the papers alone.

This article explains the procedure for preparing and serving written submissions in criminal appeals, the types of documents involved, procedural requirements, time limits, and common practical issues. The guidance applies primarily to appeals in the Court of Appeal (Criminal Division) but also reflects general principles relevant to related appellate forums.

What Are Written Submissions in Criminal Appeals?

Written submissions in criminal appeals are structured legal documents that outline a party's arguments in writing. They include:

• Skeleton arguments setting out the legal grounds and detailed points of argument.
• Respondent's written submissions, including a respondent's skeleton argument and any respondent's notice where the respondent seeks to uphold the decision or advance alternative grounds.
• Appendices and authorities - lists of legal cases and statutory provisions cited in support.

Written submissions assist the appellate court in identifying the legal issues, relevant facts, contested points and legal authorities before any oral hearing. They are not merely formalities: courts may refuse to hear argument on points not included in the written submissions.

When Are Written Submissions Required?

Written submissions are required at multiple stages of a criminal appeal process:

1. Application for Permission to Appeal

In Crown Court cases where permission is needed to appeal to the Court of Appeal, the appellant often attaches a skeleton argument to the notice of appeal setting out why permission should be granted. Practice directions allow the skeleton to be filed at the same time as the appeal notice or shortly afterwards.

2. After Permission to Appeal Is Granted

Once permission is granted, or where appeals proceed automatically (for example from a magistrates' court to Crown Court), parties must prepare comprehensive written submissions for the full appeal:

• The appellant's skeleton argument outlines the grounds of appeal, legal submissions and authorities.
• The respondent's skeleton argument responds to the points raised and may contest the appeal or offer a different legal interpretation.
• Where a respondent's notice is filed (for example to argue the decision should be upheld for different reasons), it often routes with written submissions and authorities.

Skeleton arguments are usually concise and structured to assist the court. Criminal Practice Directions recommend that they contain only the key points to be argued, grouped under each ground of appeal, and define the areas of controversy succinctly.

Format and Content of Written Submissions

Written submissions must follow standard formatting and content rules so that the appellate court can easily review the arguments:

Skeleton Arguments Should:

• Be concise, with numbered paragraphs and clear structure.
• List each point of argument under the relevant ground of appeal.
• Indicate relevant authorities and cross‑refer to materials in the appeal bundle.
• Identify the appellant's or respondent's arguments without extraneous material.

Practice directions governing written submissions indicate that skeleton arguments should not normally exceed prescribed lengths (for example, around 25 pages in civil equivalents, and similar guidance in criminal practice notes) and should be presented in a readable font and page layout.

Respondent's Written Submissions:
If a respondent wishes to make submissions at the hearing, they must lodge a respondent's skeleton argument and serve it on the appellant and other interested parties. If the respondent files a respondent's notice to challenge aspects of the decision or safeguard its position, it is usually accompanied by written submissions.

Bundles, Authorities and Chronologies

Written submissions are only one part of the appeal bundle - a larger set of documents that accompanies the appeal. Parties must prepare:

• An indexed appeal bundle containing the appeal notice, grounds, skeleton arguments, transcript extracts and relevant exhibits.
• A list of authorities - cases and statutory materials cited. This helps judges quickly find the legal sources each party relies on.

For appeals involving complex facts, a chronology of events is often included in the skeleton argument or bundle to assist judges in understanding the sequence of key developments.

Time Limits for Written Submissions

The appellate process imposes strict deadlines to ensure appeals progress efficiently:

• Skeleton arguments are usually due within specified periods before the hearing date (for example, no later than 21 days before the hearing, and respondent skeletons typically 14 days before the hearing).
• Respondent's skeletons and notices must be filed and served within prescribed timeframes once the appellant's written submissions are exchanged.

Parties must also serve copies on each other, not merely file them with the court, unless directions specify otherwise.

Failing to comply with time limits can lead to written submissions being excluded or not permitted to be used at the hearing in relation to new points not timely disclosed.

Appeals Without Oral Hearing

Some criminal appeals can be decided on the papers - meaning the court decides the case based solely on written submissions without an oral hearing. Where an appeal is “submitted on briefs”, the written submissions carry full weight. This is more common when issues are straightforward or where the court considers oral argument unnecessary.

Practical Guidance When Preparing Written Submissions

Structure Legal Arguments Clearly

Begin with a short introduction, then state each ground of appeal, followed by the legal analysis and authorities. Clear structure helps judges and opposing parties follow complex legal reasoning.

Refer to Relevant Law and Authorities

Cite statutes, case law, and appellate practice directions appropriately. Parties must include a list of authorities in their bundle to support legal propositions.

Coordinate with the Other Side

When possible, agree on the contents of joint portions of the appeal bundle (for example, agreed facts or joint authorities) to streamline court preparation.

Comply With Court Directions

Courts can issue specific directions about timing, content, and format. Following these directions avoids procedural objections.

Common Questions About Written Submissions

Do I always need a skeleton argument?
Not in every appeal. Where the appeal notice clearly outlines the grounds, and practice directions or the court deem it sufficient, a separate skeleton may be unnecessary. However, for complex legal points or where permission is required, a detailed skeleton is often expected.

Can new arguments be added later?
Generally no. Courts may refuse to entertain arguments that were not included in the written submissions filed in time, unless permission is granted for late inclusion.

Are written submissions public?
Appeal documents including skeleton arguments are typically part of court records. Public access is subject to reporting restrictions, anonymisation directions, and data protection considerations where applicable.

Key Takeaways

Written submissions are a critical element of criminal appeal procedure in England and Wales. They include skeleton arguments, respondent's submissions and supporting bundles of documents and authorities. Written submissions must:

• Be timely served and lodged with the court under strict deadlines.
• Comply with format and content requirements that emphasise clarity and brevity.
• Identify the grounds of appeal and explain legal reasoning with supporting authorities.

courts often rely heavily on written submissions in criminal appeals, and where appropriate, appeals can be determined purely on the papers submitted in writing. Written submissions guide judges' understanding of the case before any oral hearing and are essential in structuring the appellate argument and assisting judicial decision‑making.