How Is an Appeal Against a Sentence Filed?

An appeal against a sentence is a formal legal process that allows someone who has been sentenced by a criminal court in England and Wales to ask a higher court to review and change that sentence. This article explains in clear, practical terms how such an appeal is filed, what procedures apply, the key time limits, and what happens next. It draws on up‑to‑date procedures from authoritative UK government and legal sources.

Understanding Appeals Against Sentence

A sentence appeal is distinct from an appeal against conviction. You may appeal:

• Because you believe the sentence is too harsh or wrong in principle,
• Or because you believe there has been a legal error in how the sentence was imposed.

Appeals are part of the broader criminal justice framework and aim to ensure fairness, correctness and consistency in sentencing decisions.

Where You Appeal Depends on the Court That Imposed the Sentence

Magistrates' Court Sentence

If your sentence was imposed by a Magistrates' Court:

• You normally appeal to the Crown Court on the basis that the sentence is excessive or otherwise unjust.
• A notice of appeal must generally be lodged within 15 working days from the date you were sentenced.

At the Crown Court hearing, a judge and magistrates reconsider the sentence. They can confirm, increase, reduce or otherwise vary the original sentence.

Crown Court Sentence

If your sentence came from a Crown Court (typically for more serious cases on indictment), the appeal process is different:

• You must apply for permission to appeal to the Court of Appeal Criminal Division.
• This application is made using a prescribed form called Form NG (Notice and Grounds of Appeal).
• You must apply within 28 days of the date the sentence was passed.

Without permission, the Court of Appeal will not hear your appeal.

Step‑by‑Step: Filing a Sentence Appeal

1. Identify the Correct Form

For a sentence appeal from the Crown Court, the key document is:

• Criminal Appeal Office Form NG – Sentence – this is the official form for giving notice and grounds for appeal against a sentence.

An easy‑read version is also available for those who prefer simplified language.

Complete the form carefully, ensuring you clearly set out your grounds of appeal – the reasons you believe the sentence should be changed.

2. Submit the Appeal on Time

The form must be sent within the statutory time limit:

• Generally 28 days from the date of sentencing.
• If you miss the deadline, your application must explain the delay. The court can allow an extension of time in exceptional circumstances, but this is not guaranteed.

You can submit the form by post or email to the Criminal Appeal Office at the Court of Appeal. Instructions are on the form itself.

3. Apply for Permission to Appeal

Once lodged, your application goes first to a single judge of the Court of Appeal Criminal Division:

• The judge decides whether your case is arguable and has a realistic prospect of success.
• If the single judge refuses permission, you can ask the full Court of Appeal to review (“renew”) your application.

Permission is essential. Without it, the appeal will not proceed to a full hearing.

4. Prepare Case Papers

If permission is granted, you and the prosecution (in some cases) will prepare written submissions known as skeleton arguments. These outline the legal points for the court to consider.

The prosecution may be invited to respond to your grounds to assist the judges' consideration.

Grounds for Appealing a Sentence

Common bases for appealing a sentence include:

• The sentence is manifestly excessive having regard to the facts and relevant sentencing principles.
• The sentencing judge made a legal error (for example misapplied sentencing guidelines).
• The sentence is wrong in principle – meaning the approach to sentencing was flawed.

A sentence appeal is less about disagreeing with the judge's view and more about showing that the sentence was fundamentally flawed in law or principle.

What Happens After You File the Appeal?

If Permission Is Refused

If neither the single judge nor the full court grants permission:

• The original sentence stands.
• You may be liable for some court costs.
• You may consider applying to the Criminal Cases Review Commission (CCRC) if you believe there has been a miscarriage of justice and there is new evidence or legal argument not previously raised.

If Permission Is Granted

If permission to appeal is granted:

• The appeal is listed before the Court of Appeal Criminal Division.
• Your legal representative (if you have one) will present oral submissions.
• The court may confirm the original sentence, reduce it, or in rare cases revise it for other reasons relevant to the offence.

Appeals against sentence are heard by a panel of judges who assess whether the original sentencing decision was flawed in law or principle.

Practical Considerations

Legal Representation

Sentence appeals are technical and complex. While you can file without a solicitor or barrister, expert legal representation improves the chances of correctly identifying grounds and complying with procedural requirements.

Bail Pending Appeal

If you are serving a custodial sentence, you may apply for bail pending appeal. The court has discretion in granting this; it is not automatic.

Impact on Custody Time

In some limited circumstances, an unsuccessful appeal against sentence could lead to changes in how time spent in custody is calculated. It is important to consider this when deciding whether to proceed.

Common Questions About Sentence Appeals

Can a victim appeal the sentence?
No. Only the convicted person or their legal representative can appeal a sentence. However, in specified serious cases, the Attorney General may refer a sentence to the Court of Appeal for being unduly lenient.

Does appealing sentence affect conviction?
An appeal against sentence challenges only the punishment, not the conviction itself. If you also wish to challenge the conviction, that normally requires a separate appeal application.

Can an appeal be withdrawn?
You can abandon an appeal at any time before it is determined by filing a notice of abandonment with the court. Once abandoned, it cannot normally be revived.

Key Takeaways

In England and Wales, an appeal against a criminal sentence must be filed with the relevant appellate court within set time limits and using the correct procedural forms. Key points are:

• Magistrates' Court sentences are appealed to the Crown Court, usually within 15 working days.
• Crown Court sentences are appealed to the Court of Appeal Criminal Division using Form NG – Sentence, within 28 days of sentencing.
• You must usually obtain permission to appeal before a full hearing can take place.
• Grounds focus on legal errors or sentences that are manifestly excessive or wrong in principle.
• Strict adherence to time limits, correct documentation and clear grounds are essential for a valid appeal.

Understanding these procedures helps clarify how sentencing decisions can be challenged and what actions may be taken when a sentence appears unjust.