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 courts handle appeals after conviction in England and Wales, including appeals to the Crown Court and Court of Appeal, time limits, grounds for appeal, hearing procedures and further review options like the CCRC and Supreme Court. This guide explains the process clearly for non‑lawyers and solicitors.
After a conviction in a criminal court, the law of England and Wales provides structured avenues for a defendant to challenge that conviction or the sentence imposed. This process is known as the appeals system, and it ensures that potential errors in the trial or sentencing can be reviewed by a higher court. Understanding how appeals work, the legal time limits, and what grounds can be used helps defendants, victims, solicitors, students and the public navigate the justice system with clarity.
Appeals are not automatic in every case, and they follow specific procedural rules and statutory frameworks designed to balance fairness, legal certainty and judicial economy.
Where and When Appeals Can Be Made After Conviction
Magistrates' Court Appeals
If a person is convicted or sentenced in a magistrates' court, they normally have the right to appeal directly to the Crown Court. This appeal is a re‑hearing of the case: a Crown Court judge sitting with two or more magistrates will re‑consider the evidence and decide whether to confirm, reverse or change the original conviction or sentence.
Crown Court Appeals
Where the conviction or sentence was in the Crown Court, the next stage of appeal is to the Court of Appeal (Criminal Division). This is a senior appellate court that reviews decisions made in lower courts and provides authoritative rulings on convictions and sentences.
Courts may also consider appeals by way of ‘case stated' or judicial review in limited circumstances when a point of law arises in magistrates' or Crown Court proceedings, but these are separate procedural avenues.
Final Appeal – Supreme Court
In rare cases involving a point of law of general public importance, a further appeal can be made to the Supreme Court of the United Kingdom. Permission must be granted either by the Court of Appeal or by the Supreme Court itself. This stage is exceptional and is usually reserved for issues with broad legal significance rather than questions about individual facts.
Time Limits and Permission to Appeal
Time Limits
Appeals must generally be started within 28 days of conviction or sentencing. For example, an appeal against a Crown Court conviction must be lodged within 28 days of the date of conviction, even if sentencing occurs later.
If a defendant misses this deadline, they can sometimes apply to appeal out of time, but they must provide a reasonable explanation for the delay and satisfy the court that there is good reason to allow it.
Permission to Appeal
In the Crown Court context, an appellant must usually obtain permission (leave) to appeal before the appeal is heard by the Court of Appeal. A judge may grant this at first instance, or the application can be renewed before the Court of Appeal if initially refused. Permission is only granted if there is a realistic prospect of the appeal succeeding or some other compelling reason why the appeal should be heard.
Grounds for Appeal
Appeals after conviction are typically based on one or more of the following:
- Legal error: The trial judge made a mistake in applying or interpreting the law.
- Procedural unfairness: There was a significant procedural defect during the trial that adversely affected fairness.
- Unreasonable verdict: The evidence was such that no reasonable tribunal could properly convict (particularly in jury trials).
- Manifestly excessive or wrong sentence: The sentence falls outside what is reasonable in all the circumstances.
The Court of Appeal will focus on whether the trial or sentencing was legally flawed or unfair, rather than simply re‑considering all factual issues anew.
What Happens During the Appeal Hearing
Court Hearings and Submissions
Once permission is granted, the appeal will be listed for a hearing before the Court of Appeal Criminal Division. The appellant or their legal representative presents legal arguments and relies on written submissions called a skeleton argument, explaining why the conviction or sentence should be quashed or altered.
The prosecution will also respond, either supporting the original decision or opposing the appellant's arguments. In some cases, the prosecution may challenge aspects of the defence argument or contest the grounds of appeal.
Possible Outcomes
At the end of an appeal hearing, the Court of Appeal can:
- Quash the conviction if it is considered unsafe.
- Dismiss the appeal, leaving the conviction or sentence unchanged.
- Vary the sentence if the appeal relates only to the punishment.
- Order a retrial in some circumstances where it is fair and appropriate.
If an appeal is successful in quashing a conviction, the legal effect is that the conviction ceases to have effect. In some cases, if the Court of Appeal quashes the conviction but upholds a separate conviction for another offence, it may re‑sentence the appellant accordingly.
After an Appeal – Further Options
Criminal Cases Review Commission (CCRC)
If the Court of Appeal refuses an appeal, an individual may still seek review by the Criminal Cases Review Commission (CCRC). This independent body considers alleged miscarriages of justice and can refer cases back to the Court of Appeal if there is new evidence or argument not previously presented.
Appeal to the Supreme Court
Where a point of law has wider significance, an appellant may apply for permission to take the appeal to the Supreme Court after the Court of Appeal's decision. Such appeals are rare and subject to stringent criteria.
Practical Example
Suppose a defendant is convicted at the Crown Court of a serious offence. If they believe the judge misdirected the jury or applied the wrong legal test, they can lodge an appeal application on a point of law, supported by written grounds. If granted permission, they will attend a hearing in the Court of Appeal where senior judges review the legal arguments and decide whether to uphold or overturn the conviction. If the conviction is overturned, the appellant is acquitted; if the appeal fails, the conviction stands. Further appeal to the Supreme Court could follow only if there is a point of law of general public importance.
Summary
In England and Wales, the appeals process after conviction provides a structured legal route for challenging both convictions and sentences. Appeals from magistrates' courts go first to the Crown Court, while Crown Court decisions are reviewed by the Court of Appeal Criminal Division. Strict time limits and requirements for permission to appeal ensure that only arguable grounds proceed. Higher appellate options exist through the Criminal Cases Review Commission and, in exceptional legal circumstances, the Supreme Court. Appeals safeguard fairness, correct legal errors and help maintain public confidence in the justice system.
