This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Discover the time limits for filing criminal appeals in England and Wales, including deadlines for appeals from Magistrates' and Crown Courts, how deadlines are calculated, options for late applications, and practical guidance on meeting appeal timelines.
When someone is convicted of a criminal offence or sentenced in England and Wales, they may have a right to appeal. However, strict time limits apply to these appeals. Missing a deadline can mean losing an important legal right unless the court exceptionally allows a late appeal. This article explains the key deadlines for filing criminal appeals in clear, accessible language, covering appeals from both Magistrates' Courts and the Crown Court, what counts as the relevant date, practical examples, extension requests, and common questions.
Why Time Limits Matter in Criminal Appeals
Criminal appeal time limits are set out in statute and procedural rules to ensure the justice system operates fairly and efficiently. They give:
- Defendants certainty about how long they have to challenge a decision
- Prosecutors clarity on when they must prepare for potential appeals
- Courts structure to manage case progression and avoid indefinite review rights
A criminal appeal must usually be lodged within the designated period unless the appellant obtains permission to extend time.
Appeals from Magistrates' Courts: 21 Days to Lodge
If you wish to appeal a conviction or sentence from a Magistrates' Court to the Crown Court:
- The appeal notice must be served as soon after the decision as you wish but no more than 21 days after the relevant event:
This 21‑day rule applies whether you are appealing conviction, sentence, or both.
Example: If you received a community order on 1 January and want to challenge the severity of that sentence or the conviction itself, you must lodge your appeal notice by 22 January.
Late Appeals:
If you miss the 21‑day window, you must apply for leave to appeal out of time. This means asking the Crown Court (or in some cases the magistrates' court) to grant permission to file late, and you must explain and justify the delay.
Appeals from the Crown Court: 28 Days for Permission
If you were convicted or sentenced in the Crown Court, appeal rights differ:
- You must apply for permission to appeal to the Court of Appeal (Criminal Division) within 28 days.
- The 28‑day period begins from:
- The date of conviction (if appealing the conviction), or
- The date of sentencing (if appealing the sentence).
In practice, most appeals from the Crown Court combine conviction and sentence grounds and are filed together within 28 days of whichever event occurred first (usually conviction).
Renewals:
If the single judge refuses permission within 28 days, you can ask the full Court of Appeal to reconsider. This request must also be within the original 28‑day period.
Late Applications:
If you miss the 28‑day deadline, the Court of Appeal may allow a late application only in exceptional circumstances. You must persuade the court that there are substantial reasons for the delay and that the appeal has merit.
When Does the Clock Start Running?
Understanding what counts as the relevant date is crucial:
- Sentence date: When a court formally passes the sentence in writing.
- Deferred sentence: If sentencing was delayed, the appeal period may run from the date the sentence is deferred.
- Conviction date: If appealing conviction from the Crown Court, the timeline starts on the actual conviction date.
Where a defendant is committed from the magistrates for sentencing in the Crown Court, the sentence date in Crown Court generally triggers the appeal period for conviction.
Special Circumstances: Extensions and Late Notices
If time limits are missed, courts can permit a late appeal but only in limited situations where it is appropriate to do so. A formal application must:
- Be made with the appeal notice, or as soon as possible thereafter
- Explain clearly why the deadline was missed
- Demonstrate that the appeal has arguable grounds
Courts will consider fairness, the reasons for delay, and whether the appeal raises points of substance.
What About Appeals to Higher Courts?
Beyond the Court of Appeal:
- A further appeal to the Supreme Court requires permission and must generally be made within 28 days of the Court of Appeal's decision.
- This route is rare and usually involves points of law of general public importance.
Practical Tips for Meeting Time Limits
- Mark key dates: Note the sentence and conviction dates immediately.
- Act promptly: Engage legal advisers early, as preparation (e.g., transcripts) can take time.
- Document reasons for delay: If you think you may miss a limit, gather evidence supporting the delay before filing.
Common Questions About Criminal Appeal Time Limits
Can I appeal after the deadline?
Yes - but only with the court's permission and a convincing explanation.
Is the appeal period the same for conviction and sentence?
No. For Crown Court decisions it is 28 days from conviction or sentence; for Magistrates' Court appeals it is generally 21 days from sentence or deferred sentence.
Does the rule apply to both conviction and sentence?
Yes - but the specific starting point depends on what aspect you are challenging.
Key Takeaways
In England and Wales, strict time limits govern criminal appeals:
- For Magistrates' Court decisions, you normally have 21 days from the date of sentence (or deferred sentence) to lodge an appeal notice to the Crown Court.
- For Crown Court convictions or sentences, you must apply for permission to appeal within 28 days of conviction or sentence.
- Extensions beyond these periods are possible but depend on the court's discretion and a clear justification.
- Meeting deadlines is essential to preserve your legal rights and ensure your appeal can be considered.
Understanding and adhering to these deadlines is a fundamental part of the criminal appeals process in the justice system.
