How to Appeal a Criminal Conviction

Appealing a criminal conviction is a serious legal process in England and Wales that allows someone convicted of a crime to ask a higher court to review and overturn the original decision. The appeal system exists to correct unsafe convictions and ensure fairness in the justice process. This guide explains the legal framework, procedures, time limits, grounds for appeal, potential outcomes, and practical guidance for individuals considering an appeal. It is written in clear, accessible language for members of the public while remaining accurate and useful for solicitors and students.

Overview of the Criminal Appeal System

In England and Wales, appeals against convictions or sentences generally follow a structured route through the courts. The relevant rules are set out in the Criminal Appeal Act 1968, the Criminal Appeal Act 1995, the Criminal Procedure Rules and associated practice directions. Appeals are primarily heard by the Court of Appeal Criminal Division (CACD), a specialist division of the Court of Appeal focusing on criminal matters.

Who Can Appeal?

Convicted Defendants

A person convicted in the Crown Court can appeal against:

• Their conviction (being found guilty of an offence).
• Their sentence (the punishment imposed).
• Both conviction and sentence at the same time.

These rights exist regardless of whether the defendant pleaded guilty or not guilty at trial.

Routes of Appeal

1. Appeal Against Crown Court Conviction or Sentence

If your trial was in the Crown Court, an appeal against conviction or sentence is made to the Court of Appeal Criminal Division.

Permission to appeal must be obtained before the appeal is heard, either from the trial judge shortly after conviction or from the Court of Appeal itself if the judge does not grant permission. Appeals are heard on the basis that the conviction is unsafe or that the sentence is wrong.

Time Limits for Appeals

Crown Court Appeals

When appealing a conviction from the Crown Court:

• You must apply for permission to appeal within 28 days of the conviction date.
• For sentence appeals, the time limit is 28 days from the date of sentencing.
  If you miss the deadline, you must explain the delay and ask for an extension, which the court may grant in limited circumstances.

Grounds for Appeal

Conviction Appeals

The central test for a conviction appeal is whether the conviction is unsafe. This may include:

• Errors of law during the trial (for example, incorrect legal directions to a jury).
• Procedural unfairness that affected the outcome.
• New evidence that was not available at trial and could affect the verdict.
• Miscarriage of justice due to errors in trial conduct or interpretation of evidence.

Sentence Appeals

Appeals against sentence focus on whether the sentence was manifestly excessive or wrong in principle. The Court of Appeal reviews whether the lower court's sentencing decision falls outside the range of reasonable outcomes.

The Appeal Process Explained

Step 1: Filing an Appeal

To start the appeal process from a Crown Court conviction, you must submit a notice of appeal and grounds of appeal using the relevant form (often Form NG for conviction appeals) to the Criminal Appeal Office.
The notice must:

• Identify the conviction or sentence you are challenging.
• Set out the reasons (grounds) why the conviction or sentence is unsafe or wrong.
• Be lodged within the applicable time limit.

Step 2: Permission to Appeal

If the trial judge does not grant a certificate of fitness to appeal, you must ask the Court of Appeal for permission. The court assesses whether there is a real prospect of success or another compelling reason for the appeal to be heard.

Step 3: Hearing the Appeal

If permission is granted, the appeal is listed for a hearing before judges of the Court of Appeal Criminal Division. Your legal representative (such as a barrister or solicitor experienced in criminal appeals) presents your arguments. The prosecution (usually represented by the Crown Prosecution Service) can also respond.

Possible Outcomes of an Appeal

Conviction Appeals

• Conviction quashed: The original conviction is overturned.
• Conviction upheld: The appeal is dismissed and the conviction remains unchanged.

If a conviction is quashed, the Court of Appeal may also review and adjust any associated sentence.

Sentence Appeals

• Sentence reduced: The Court of Appeal imposes a lesser sentence.
• Sentence upheld: The original sentence remains unchanged.

What if You Don't Get Permission?

If the Court of Appeal refuses permission to appeal, you can renew the application in the full court (a panel of more judges). If that is also refused, you normally cannot take the same appeal further-unless there are exceptional grounds or new evidence.

Appeals Beyond the Court of Appeal

Supreme Court

The next and final stage of appeal is to the Supreme Court, but this is only possible where the case raises a point of law of general public importance. Permission to appeal to the Supreme Court must be granted by the Supreme Court itself or by the Court of Appeal.

Criminal Cases Review Commission (CCRC)

If all direct appeal routes are exhausted, the Criminal Cases Review Commission (CCRC) may investigate potential miscarriages of justice and refer a case back to the Court of Appeal if it identifies a real possibility that the conviction will not be upheld. This process can be lengthy and requires detailed application to the CCRC. (General legal practice.)

Practical Steps and Considerations

Get Legal Advice Early

Criminal appeals are legally complex. Early advice from a specialist criminal appeals solicitor or barrister helps ensure deadlines are met and your grounds of appeal are properly identified.

Accurate Documentation

Keep all court documents, transcripts and evidence from the trial and any applications. These form the basis of your appeal and are critical to presenting a strong case.

Costs and Legal Aid

Appeals can involve significant costs. Legal aid may be available in some cases, but eligibility depends on financial circumstances and the merits of the appeal.

Impact of Unsuccessful Appeals

If an appeal fails, the original conviction and sentence generally remain. In some circumstances, unsuccessful appeals can result in cost orders against the appellant, though courts consider individual circumstances. (General legal practice.)

Common Questions from our Readers

Can I appeal if I pleaded guilty?
Yes. A defendant who pleaded guilty can still appeal their conviction if there is a legal basis to argue the conviction is unsafe. Time limits still apply.

What if I miss the appeal deadline?
Applications can be made for permission to appeal outside the time limit, but you must provide a valid explanation and ask the court to exercise its discretion. Such applications are not guaranteed and require strong justification.

Can new evidence be introduced on appeal?
Yes. New evidence not available at trial may be considered if it is credible, substantial and could have affected the original verdict.

Key Takeaways

Appealing a criminal conviction in England and Wales involves structured steps through the courts, primarily to the Court of Appeal Criminal Division. The process requires permission to appeal, strict time limits, and defined grounds such as unsafe convictions or incorrect sentences. Outcomes range from quashing convictions to reducing sentences. Further appeals to the Supreme Court or review by the Criminal Cases Review Commission are possible in specific circumstances. Early legal advice, accurate documentation and awareness of procedural requirements are essential for anyone considering an appeal.