How to Appeal a Sentence

Appealing a sentence in England and Wales is the legal process by which a person who has been convicted of a criminal offence asks a higher court to review and change the sentence imposed by a lower court. This may be because the sentence is believed to be unfair, excessive, wrong in principle, or inconsistent with other comparable cases. The appeal system provides a structured path for reviewing sentencing decisions while balancing finality with fairness.

This article explains step by step how to appeal a sentence, the relevant courts, time limits, grounds for appeal, procedural requirements and possible outcomes, making the process clear for both non‑experts and solicitors.

What Is a Sentence Appeal?

A sentence appeal is not about re‑arguing guilt or innocence. Instead, it focuses on whether the punishment imposed was appropriate and legally sound. An appeal can result in the sentence being reduced, varied, upheld or, in some cases, overturned if the conviction is also challenged.

The procedure depends on which court originally passed the sentence:

• Magistrates' Court sentences are appealed to the Crown Court.
• Crown Court sentences are appealed to the Court of Appeal Criminal Division (CACD), usually requiring permission (leave).

Understanding these pathways is essential for an effective appeal.

Grounds for Appealing a Sentence

You can appeal a sentence if you believe it was:

• Manifestly excessive or disproportionate compared with sentencing guidelines and similar cases.
• Wrong in law, for example if the judge misapplied legal principles or failed to take relevant factors into account.
• Unfair in principle due to procedural irregularities.

The appellant must clearly articulate why the original sentence is wrong, supported by legal arguments and, in some cases, comparisons with guideline cases. Simply “not liking” the sentence is not enough; there must be an arguable basis relating to law or principle.

Appealing a Sentence from the Magistrates' Court

Who Hears the Appeal

If your sentence was imposed by a Magistrates' Court, you can appeal directly to the Crown Court, which will review the sentencing decision. In most cases:

• If you pleaded not guilty, you can appeal both conviction and sentence.
• If you pleaded guilty, you can usually appeal the sentence only.
• The Crown Court will consider the appeal de novo, meaning the sentencing is reconsidered as if it were happening for the first time.

Time Limits and Filing

You normally must send your appeal notice within 15 working days of the date you were sentenced. This is specified in the Criminal Procedure Rules and guidance for sentencing appeals, and is often expressed as 21 calendar days.

If your appeal is late, you must explain the reason for the delay on the appeal form and request an extension of time. The Crown Court may only allow this where there is good reason for the lateness.

Process and Hearing

Once your appeal is lodged:

• The Crown Court may hold a preliminary hearing to manage evidence and procedure.
• At the hearing, you (or your legal representative) and the prosecution present arguments about the sentence.
• The Crown Court judge and two or more magistrates can confirm, vary, reduce or increase the sentence, or remit the case to the magistrates with directions.

Appealing a Sentence from the Crown Court

Court of Appeal Criminal Division

When a sentence is imposed by the Crown Court, an appeal must be made to the Court of Appeal Criminal Division (CACD). This is a higher court specialising in reviewing Crown Court decisions. It can reconsider both sentences and convictions, but you must first obtain permission (leave) to appeal.

Permission to Appeal

You must apply for permission to appeal within 28 days of the sentencing date. This involves completing the appeal notice form (often referred to as Form NG) and serving it on the Criminal Appeal Office. If permission is refused initially, you can renew your application before a “full court” of judges.

If applying after 28 days, you need to explain why the application is out of time and request an extension, which is only granted in limited circumstances where there is a good reason for delay.

Hearing and Procedure

If the Court of Appeal grants permission, the appeal will be listed before a panel of judges. At the hearing:

• The appellant's legal representative presents grounds of appeal, focusing on why the sentence is incorrect in law or principle.
• The prosecution may respond, setting out why the original sentence should stand.
• The Court of Appeal can uphold, reduce or, less commonly, increase the sentence. It may also remit matters for re‑sentencing.

What Happens After an Appeal

If the Appeal Is Successful

• The sentence may be reduced or varied.
• If the conviction is also appealed and successfully quashed, the sentence falls away entirely.
• In some cases, the court may award costs, meaning some legal costs might be recoverable.

If the Appeal Fails

• The original sentence generally remains in force.
• In Crown Court appeals, refusal of permission may still allow a renewed application.
• If all appeal options are exhausted, an application to the Criminal Cases Review Commission (CCRC) can be made in exceptional cases where there is new evidence or arguable miscarriage of justice.

Practical Steps: Preparing an Appeal

1. Check Deadlines

Determine whether you are appealing from a Magistrates' Court or Crown Court and note the correct time limit (usually 15 working days for magistrates' sentences and 28 days for Crown Court sentences). Missing the deadline without a good reason can jeopardise the appeal.

2. Complete the Correct Form

Use the correct appeal form (for sentence) and clearly state the grounds for appeal. In Crown Court cases, this is typically Form NG. It must be lodged with the Criminal Appeal Office or relevant court office.

3. Explain Late Appeals

If you are appealing out of time, include a clear explanation and evidence for why the appeal was delayed. The court will consider whether to grant an extension.

4. Gather Supporting Material

Collect sentencing guidelines, comparable case law and any relevant documentation that supports your argument that the sentence was wrong in principle or excessive.

5. Consider Legal Representation

Although you can appeal without a lawyer, sentencing appeals are complex. Legal representation, such as a solicitor or barrister experienced in appeal work, often strengthens the case.

Key Takeaways

Appealing a sentence in England and Wales involves navigating a strict and structured legal process. Appeals from Magistrates' Court sentences go to the Crown Court, usually within 15 working days, while Crown Court sentence appeals are made to the Court of Appeal Criminal Division with permission sought within 28 days. Grounds for appeal focus on whether the sentence was excessive, wrong in law or unfair in principle. Careful preparation, awareness of time limits, and clear legal argument are essential to pursuing an effective appeal. In rare circumstances, if standard appeal routes are exhausted, an application to the Criminal Cases Review Commission (CCRC) may be appropriate.