How Do Criminal Appeals Work in Court?

Criminal appeals form an essential part of the justice system in England and Wales. They allow someone convicted of an offence, or sentenced by a court, to challenge that decision in a higher court. This article explains how criminal appeals work in clear, step‑by‑step language, outlining rights, procedures, time limits and what to expect. It is designed to be accessible to people with no legal training as well as useful for students and professionals. All references reflect current practice in England and Wales.

What Is a Criminal Appeal?

An appeal is a formal request to a higher court to review and change a decision made by a lower court. In criminal law, appeals may challenge:

• A conviction – arguing that the defendant should not have been found guilty.
• A sentence – arguing that the punishment imposed is inappropriate.

The system is designed to correct legal errors, procedural mistakes, or other significant issues that may have affected the original outcome.

How Does a Criminal Appeal Start?

Time Limits for Filing

Most criminal appeal applications must be made within 28 days of the relevant decision:

• Conviction appeals: 28 days from the date of conviction.
• Sentence appeals: 28 days from the date the sentence was passed.

If this deadline is missed, the court can sometimes allow a late appeal, but you must provide a good reason why the form was filed late.

Permission to Appeal

You cannot usually go straight to a full appeal hearing. First, you must ask for permission to appeal. In most cases:

• A judge will review your application and decide if there is an arguable basis for an appeal.
• If permission is refused, you can renew the request at the full appellate court.

Whether or not you use a solicitor or barrister is up to you – representation can make a significant difference, but it is not mandatory.

Appeals from the Magistrates' Court

Not all criminal cases start in the Crown Court. Minor offences are heard in Magistrates' Courts.

Appeals to the Crown Court

If convicted or sentenced in a Magistrates' Court, you can appeal to the Crown Court on:

• Fact and law, and
• Sentence, if you pleaded guilty.

At the Crown Court, a judge and lay magistrates rehear the case. They can confirm, change or overturn the original decision.

Appeals from the Crown Court

For cases originally tried in the Crown Court (serious crimes or indictable offences), appeals proceed to the Court of Appeal Criminal Division.

Role of the Court of Appeal

The Court of Appeal Criminal Division is the main appellate court for:

• Appeals against conviction
• Appeals against sentence
• Combined appeals that challenge both conviction and sentence.

Before an appeal can proceed, you must:

1. Serve the appropriate appeal form (often called Form NG).
2. State the grounds of appeal – a clear explanation of why the decision was wrong.
3. Demonstrate legitimate appeal grounds (such as an error of law, procedural unfairness, or new evidence).

What Happens at the Appeal Hearing

If permission to appeal is granted:

• Lawyers will prepare skeleton arguments (a written summary of legal points).
• The Court of Appeal hears oral submissions.
• The prosecution may respond to the appeal.

The court may:

• Uphold the original decision,
• Quash a conviction,
• Reduce or increase a sentence, or
• Order a retrial in limited circumstances.

Can New Evidence Be Introduced?

Yes. The Court of Appeal can consider new evidence that was not available at the original trial, but only if it:

• Could reasonably be believed,
• Might have affected the outcome, and
• Was not previously adduced for good reason.

Further Appeals: Supreme Court

An appeal beyond the Court of Appeal is possible but limited. The Supreme Court only hears cases that involve points of law of general public importance. A lower court must first certify that such a point exists and grant permission.

These appeals are unusual and involve complex legal questions rather than straightforward factual disputes.

What If You Missed the Appeal Deadline?

If you miss the deadline, you still have options:

• Apply for an extension from the court, explaining the delay.
• If a conviction seems evidently wrongful, you may apply to the Criminal Cases Review Commission (CCRC).
  The CCRC can independently investigate and refer cases back to the Court of Appeal if a miscarriage of justice is suspected.

Common Questions About Criminal Appeals

Do all defendants have the right to appeal?
Yes, but they must show a legitimate reason and comply with procedural requirements. Simply disagreeing with a verdict is generally not enough.

Is there a risk of costs or consequences?
Appeals can be refused and may expose the appellant to costs or additional legal burdens. Courts guard against weak or frivolous appeals.

Can the prosecution appeal?
Yes. The prosecution has limited rights to appeal certain rulings under statutory provisions. These are strictly regulated and often arise only where a judge has made a legal ruling terminating a trial.

Key Takeaways

The criminal appeals process in England and Wales allows convicted people to challenge decisions that affect them. Key steps include:

1. Understanding your appeal rights
2. Applying within the set time limits
3. Obtaining permission to appeal
4. Preparing and lodging appeal papers
5. Attending hearings and presenting legal arguments

For serious or complex appeals, professional legal advice is strongly recommended. Appeals at higher levels, such as to the Supreme Court, require special permission and focus on broader legal principles.