If you have been convicted in the Crown Court or believe your sentence is excessive, you may have grounds to appeal. Appeals are heard in the Court of Appeal (Criminal Division) and focus on whether a conviction is unsafe or a sentence is wrong in law or principle.
We advise on appeals against conviction and appeals against sentence, providing clear guidance on the merits of your case before any application is lodged.
Appeals are not a retrial. The Court of Appeal considers whether there has been:
• A legal error during the trial
• Fresh evidence that was not available at trial
• Incorrect jury directions
• Procedural unfairness
• An excessive or wrong sentence
Permission to appeal is required. Applications must be properly drafted and supported by detailed legal argument.
An appeal against conviction may be pursued where there are grounds to argue that the verdict is unsafe. This may include fresh evidence, disclosure issues, misdirection by the trial judge, or ineffective legal representation.
We review the trial transcripts, prosecution evidence, and judge’s directions to assess whether viable grounds exist.
If a sentence is considered manifestly excessive or legally incorrect, an appeal may be brought. Time limits apply and applications must usually be lodged within 28 days of sentencing.
If the time limit for appeal has passed, or a previous appeal has failed, it may be possible to apply to the Criminal Cases Review Commission (CCRC). The CCRC can refer a case back to the Court of Appeal where there is a real possibility that the conviction is unsafe.
If you are considering an appeal, seek advice as soon as possible. Strict time limits apply. Contact us on 01204 371414 or email [email protected] for an assessment of your case.
How long do I have to appeal a conviction or sentence?
Usually 28 days from the date of conviction or sentence. Extensions may be granted in limited circumstances.
Do I automatically have the right to appeal?
No. You must apply for permission to appeal, and the court will decide whether your grounds are arguable.
Will new evidence be considered?
Yes, but only if it is relevant, credible and could have affected the outcome of the trial.
Can my sentence be increased on appeal?
In rare cases, the Attorney General may refer an unduly lenient sentence to the Court of Appeal.
Is an appeal a full retrial?
No. The Court of Appeal reviews legal and procedural issues rather than rehearing all the evidence.
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