How Does a Criminal Appeal Progress from Filing to Final Decision?

When a person is convicted or sentenced in England and Wales, they may have the right to appeal that decision. A criminal appeal is a formal legal process through which a higher court reviews a lower court's decision to ensure it was lawful, fair and free of material error. This article explains, step by step, how a criminal appeal progresses from the initial filing through to the final decision, including the key actors, time limits, stages of the process and practical considerations for appellants and others involved.

What Is a Criminal Appeal?

A criminal appeal is a legal challenge to a conviction, sentence or other court order following a criminal trial. Appeals are an important safeguard in the justice system, providing an opportunity to correct mistakes or address legal errors that affected the outcome of the case. In England and Wales, the appeal process is governed by statute and court rules, and generally involves review by increasingly senior courts until a final determination is reached.

Step 1: Deciding to Appeal

Grounds for Appeal

Before beginning an appeal, an appellant (or their legal team) must identify legitimate grounds for challenging the decision. Common grounds include:

• Error of law: The trial court applied the law incorrectly.
• Unreasonable verdict: The conviction was unsafe given the evidence.
• Excessive or unlawful sentence: The sentence was disproportionate or based on error.
• Procedural irregularity: A mistake in process undermined fairness.

These grounds shape how the appeal is formulated and later evaluated by courts.

Step 2: Filing the Appeal

Notice and Time Limits

The appellant must file an appeal notice within strict time limits:

• Conviction appeals must usually be filed within 28 days of conviction.
• Sentence appeals must usually be filed within 28 days of sentencing.

These deadlines are specified by law and apply regardless of whether the person was legally represented. Late applications require a convincing explanation and court permission.

The appeal is filed using specific forms that set out the grounds of appeal, and is lodged with the relevant court office.

Step 3: Permission (Leave) Stage

For most appeals against convictions or sentences from the Crown Court, the appellant must first obtain permission to appeal. A judge reviews the grounds to decide whether there is a realistic prospect of success or a compelling reason for the appeal. If permission is refused, the appellant may “renew” the application in the appellate court.

Only if permission is granted does the appeal proceed to a full hearing. If it is refused twice, the appeal typically ends at that stage.

Step 4: Preparation for the Hearing

Once permission is granted:

• The appellant and the prosecution prepare skeleton arguments, legal authorities and case materials for the hearing.
• Documents are exchanged between parties and lodged with the court registry.
• Hearing dates are set, and both sides are given notice of when and where the appeal will be heard.

The conviction appeal may involve a representative from the prosecution presenting counterarguments where a conviction (not just a sentence) is contested.

Step 5: The Appeal Hearing

Court of Appeal (Criminal Division)

Most criminal appeals from the Crown Court are heard by the Court of Appeal (Criminal Division). This court is a senior appellate tribunal with authority to review decisions made by lower courts and correct errors.

At the hearing:

• Appellant's counsel presents legal and factual submissions explaining why the conviction or sentence should be overturned or varied.
• Prosecution counsel responds and defends the original decision where appropriate.
• The court considers legal principles, evidential arguments and any procedural issues raised.

The Court of Appeal may:

• Uphold the conviction or sentence, dismissing the appeal.
• Quash the conviction, which may result in immediate release or retrial.
• Vary the sentence (e.g. reduce or modify it).
• Remit the case back to the lower court for re‑hearing with directions.

Step 6: Post‑Appeal and Further Remedies

Renewed Grounds and Referrals

If the Court of Appeal rejects an appeal but the appellant believes the law was still misapplied, further options may be available:

• Application to the Supreme Court: A further appeal may be possible on a point of law of general public importance. Permission from the Court of Appeal or the Supreme Court is required, and time limits apply.

Criminal Cases Review Commission (CCRC)

When all regular appeal rights have been exhausted, a person may apply to the Criminal Cases Review Commission (CCRC) if there is new evidence or a legal issue not previously considered. The CCRC can refer the case back to the Court of Appeal if it believes there is a real possibility the appeal will succeed.

Timeframes and Delays

Criminal appeals are not instantaneous. From filing to final decision, the process may take weeks to months, depending on complexity, court resources and scheduling. Appellants should prepare for potentially lengthy timelines - particularly if permission stages or further remedies are involved.

Practical Considerations for Appellants

Legal Representation

Criminal appeals are highly technical. Appellants often engage solicitors and barristers with appellate experience to draft grounds of appeal, prepare legal arguments and present at hearings.

Evidence and Documentation

Successful appeals rely on assembling relevant case materials, transcripts and legal authorities. Missing or inaccurate information can weaken the appeal.

Bail and Custody Status

Whether an appellant is on bail or in custody can affect procedures. Sometimes applications for bail pending appeal may be necessary while awaiting the final decision.

Key Takeaways

The criminal appeal process in England and Wales follows a structured path:

1. Identify grounds for appeal against conviction or sentence.
2. File an appeal notice within statutory time limits.
3. Seek permission (leave) to appeal where required.
4. Prepare case materials and skeleton arguments.
5. Attend an appeal hearing before the Court of Appeal (Criminal Division).
6. Receive a final decision, which may uphold, vary, quash or remit the case.
7. If necessary and appropriate, pursue further remedies through the Supreme Court or the Criminal Cases Review Commission.

Understanding these stages helps appellants and their advisers navigate the complex appellate landscape, preserving legal rights and ensuring that justice is done.