What Happens After a Criminal Appeal Is Lodged?

Once a criminal appeal has been lodged in England and Wales, a structured process unfolds that takes the case from paperwork through to a final decision. This article explains the stages that follow an appeal notice, including procedural steps, what courts do, rights of the parties, potential outcomes and practical implications. It is written in clear, accessible language for members of the public, students and solicitors.

From Appeal Notice to Court Action

Filing an appeal starts the formal review process. Whether the appeal challenges a conviction, sentence or both, the lodging of the notice triggers a series of administrative and judicial actions. These ensure the appeal is properly placed before the correct court, that parties are notified, and that the case is prepared for an eventual hearing. The exact steps vary depending on the court from which the appeal originated.

Step 1: Acknowledgement and Notification

Criminal Appeal Office and Court Records

Once the appeal notice is lodged:

• The relevant court office (Magistrates' Court or Crown Court) records the appeal.
• In Crown Court appeals to the Court of Appeal Criminal Division, the Criminal Appeal Office notifies the prosecuting authority of the appeal. This notification ensures the prosecution is aware of the appeal and can prepare a response if necessary.

These initial acknowledgements confirm that the appeal has been received and begin the formal handling of the case.

Step 2: Preliminary Administrative Checks

Before substantive judicial consideration, court staff check appeals for:

• Completeness of documentation
• Compliance with time limits and service requirements
• Whether the appeal is against conviction, sentence, or both

If documents are incomplete or improperly filed, the court may request clarification or correction. In some cases, this administrative stage can result in informal communication about next steps or missing details.

Step 3: Respondent's Notice and Prosecutor Response

Respondent's Involvement

In appeals against conviction or sentence, the prosecution (the respondent in the appeal) may be asked to provide a respondent's notice or response. This formal response sets out the prosecution's position in relation to the appeal grounds. It is not required in every case but is common where the prosecution is likely to assist the appellate court's understanding, or where the respondent has its own grounds for opposing the appeal.

The Crown Prosecution Service (CPS) may:

• Serve written submissions responding to the grounds of appeal,
• Advise the court on legal or factual points linked to the appeal.

This involvement helps the appellate court assess the merit of the appeal.

Step 4: Directions and Listing for Hearing

Listing the Appeal Hearing

Once the initial administrative steps are complete and any respondent notices are received, the court lists a hearing date:

• A directions or preparatory hearing may be held to set out timetables, outline evidence, and confirm procedural matters.
• For appeals from a Magistrates' Court to the Crown Court, the Crown Court will fix a date for the full appeal hearing, which may involve re‑hearing evidence if required.

For appeals to the Court of Appeal Criminal Division, after permission has been granted:

• The court will write to the appellant and respondent giving the hearing date and location.

The period between lodging the appeal and the hearing can vary depending on court availability and case complexity.

Step 5: Preparing for the Hearing

Case Preparation

Once the appeal is listed:

• Appellants and their legal representatives prepare skeleton arguments outlining legal submissions.
• The prosecution may also prepare a response if needed, focusing on opposing the appeal grounds.
• Relevant trial documents, transcripts, and evidence must be compiled to assist judges in understanding the original hearing and appeal issues.

Preparation is a critical phase that shapes the arguments at the substantive hearing and may involve exchange of documents between parties.

Step 6: The Appeal Hearing

Court of Appeal or Crown Court Hearing

At the appeal hearing:

• The appellant (or their legal representative) presents the case to judges.
• In conviction appeals, prosecution representatives respond and argue why the conviction should stand.
• In sentence appeals, submissions focus on whether the original sentence was appropriate or lawful.
• Hearings for appeals from Magistrates' Courts may re‑hear evidence and utilise a Crown Court judge and magistrates.

The appellate court examines:

• Legal errors at trial
• Procedural fairness
• Misapplication of law
• Whether the conviction or sentence is unsafe or inappropriate

After hearing submissions, the judges make a decision, which may be given at the hearing or reserved for written judgment.

Step 7: Court Decisions and Outcomes

Possible Decisions

Following the hearing, the appellate court may:

• Uphold the original conviction or sentence, leaving it unchanged
• Quash a conviction, meaning the conviction is overturned
• Reduce or increase a sentence, depending on the appeal grounds and statutory constraints
• Order a retrial in limited circumstances

If the appeal is successful, the original decision or sentence may be replaced or set aside. If the appeal is unsuccessful, the original conviction or sentence remains, and in some cases additional costs may be ordered.

Communication of Decision

The court usually provides a formal judgment or order. Parties are notified, and written reasons are often circulated after the hearing to explain the legal rationale.

Appeals Beyond the First Appellate Court

If a party wishes to challenge the appellate decision further:

• An application for permission to appeal to the Supreme Court may be made, focusing on points of law of general public importance.
• Permissions must be obtained from the lower appeal court or Supreme Court itself within statutory time limits if the first appellate court refuses permission.

This step is rare and applicable only where significant legal questions arise.

Practical Considerations After Lodging an Appeal

Bail and Sentence Effect

Lodging an appeal does not automatically suspend the original sentence or conviction's effects. For example:

• Enforced penalties (e.g., community orders) may remain in effect unless the court grants bail pending appeal.
• Custodial sentences continue unless specifically stayed by the court.
• An appellant may apply for bail while awaiting the appeal hearing, but this is at the court's discretion.

Victim and Witness Notifications

In some cases, victims and witnesses are informed of appeal developments through witness care units or the CPS Victim Notification Scheme to ensure they are aware of hearing dates and outcomes.

Common Questions About What Happens Next

Can an appeal be withdrawn?
Yes. An appellant can apply to withdraw an appeal by serving a notice of abandonment to the relevant court and other parties. Once abandoned, the appeal cannot normally be revived.

What if new evidence arises after lodging an appeal?
New evidence is generally presented with grounds of appeal or with the court's permission. Appeal courts usually do not accept fresh evidence unless it meets strict criteria for relevance and impact on safety of the conviction.

What if the prosecution wants to appeal?
In specific statutory contexts, the prosecution may also appeal certain decisions. Their process and timelines mirror similar procedural stages, beginning with lodging a notice of appeal and respondent engagement.

Key Takeaways

After a criminal appeal is lodged in England and Wales, the case progresses through a series of structured steps:

1. Acknowledgement and notification to the prosecution and court offices.
2. Respondent's notice and potential CPS engagement.
3. Directions and scheduling of the appeal hearing.
4. Case preparation by both sides.
5. Hearing before the appropriate court (Crown Court or Court of Appeal).
6. Judicial decision with outcomes ranging from upholding to overturning the original decision.
7. Further appeal options in limited circumstances (e.g., Supreme Court).

Understanding these stages helps appellants and other stakeholders know what to expect once an appeal has been lodged and how the criminal justice system handles appellate review.