A criminal conviction is not necessarily final. If you have been convicted of an offence and believe the conviction is unsafe — whether because the verdict was wrong, because the law was incorrectly applied, because fresh evidence has emerged, or because your trial was unfairly conducted — you may have the right to appeal. This guide explains the appeal process in England and Wales, the different routes available depending on where you were convicted, and what grounds are needed to succeed.
Our criminal defence solicitors in Bolton advise on criminal appeals at every level and can assess whether your conviction or sentence has realistic grounds for challenge.
When Can You Appeal a Criminal Conviction?
The right to appeal arises when a conviction or sentence is considered to be wrong in some way. The appeal process exists to correct errors — whether by the trial court, the jury, the judge, or the lawyers who represented you — and to ensure that justice is done.
The grounds on which an appeal can succeed vary depending on the appeal court, but broadly include:
- Error of law — the trial judge made a legal error, for example misdirecting the jury on the elements of the offence or on the burden of proof
- Unsafe verdict — the conviction is unsafe in light of the evidence — either because the verdict was unreasonable or because of unfairness in how the trial was conducted
- Fresh evidence — new evidence has come to light that was not available at trial and which might reasonably have affected the outcome
- Procedural unfairness — serious procedural errors occurred which rendered the trial unfair
- Ineffective assistance of counsel — in some cases, serious failures by the defence legal team can form grounds of appeal
An appeal against sentence — as opposed to conviction — is also possible where the sentence imposed was manifestly excessive given the offence and the defendant’s circumstances.
Appealing From the Magistrates Court
If you were convicted at the Magistrates Court, you have two routes of appeal:
Appeal to the Crown Court
The most common route is to appeal to the Crown Court. This is a full rehearing of the case — the Crown Court does not just review what happened at the Magistrates Court but hears the case again from scratch. Both sides can call witnesses, and the Crown Court judge and two magistrates will reach a fresh decision.
This appeal must be lodged within 21 days of conviction or sentence. It is a relatively accessible form of appeal because no permission is required — you have a right to this rehearing. The Crown Court can confirm, vary, or reverse the Magistrates Court’s decision.
Appeal to the King’s Bench Division by Way of Case Stated
Alternatively, a party can appeal to the High Court (King’s Bench Division) on a question of law alone — not on the facts. This is known as an appeal by way of case stated. The Magistrates Court sets out the facts and the legal question for the High Court to resolve. This route is used where the issue is purely one of legal interpretation.
Appealing From the Crown Court
If you were convicted at the Crown Court, the appeal route is to the Court of Appeal (Criminal Division).
Leave to Appeal
Unlike appeals from the Magistrates Court, an appeal from the Crown Court requires leave (permission) to proceed. You must first apply for permission to appeal — which is considered on the papers by a single judge. If the single judge refuses leave, you can renew the application before the full Court of Appeal.
The application for leave must be lodged within 28 days of conviction or sentence. Extensions are possible in some circumstances but require a specific application and are not routinely granted.
The Grounds
The Court of Appeal will allow an appeal against conviction if it concludes that the conviction is unsafe. Importantly, this does not require the court to conclude that the appellant is innocent — only that there is a real possibility the jury would have reached a different verdict had the error or irregularity not occurred.
Common grounds include:
Misdirection of the jury — where the judge’s legal directions to the jury contained an error that could have affected the outcome.
Wrongful admission or exclusion of evidence — where evidence was admitted that should not have been, or excluded that should have been included.
Fresh evidence — the Court of Appeal can admit new evidence if it is capable of belief, could provide a ground of appeal, and there is a reasonable explanation for why it was not available at trial.
Abuse of process — serious procedural unfairness that rendered the trial unfair.
The Criminal Cases Review Commission (CCRC)
Where all avenues of appeal through the courts have been exhausted, there is a further route for cases involving a potential miscarriage of justice — the Criminal Cases Review Commission (CCRC).
The CCRC is an independent body that reviews convictions and sentences where an applicant believes they have been wrongly convicted. It can refer a case back to the Court of Appeal if it concludes there is a real possibility the conviction would not be upheld. A CCRC referral is the only way to return to the Court of Appeal after all other appeal routes have been exhausted.
Securing a CCRC referral typically requires fresh evidence or a new legal argument that was not available at the time of the original proceedings. The process can take years, and applications require detailed, well-evidenced submissions.
Sentence Appeals
An appeal against sentence alone is also available — either from the Magistrates Court to the Crown Court, or from the Crown Court to the Court of Appeal. The test is whether the sentence was manifestly excessive given the nature of the offence and all relevant circumstances.
Sentence appeals from the Crown Court also require leave and must be lodged within 28 days. The Attorney General can also refer unduly lenient sentences to the Court of Appeal — meaning sentences can be increased as well as reduced on appeal.
How Hi Solicitors Can Help
Our Court of Appeal solicitors will review your case, assess whether there are realistic grounds for appeal, advise on the prospects honestly, and prepare and submit the application if you decide to proceed. We work alongside specialist appellate counsel in complex cases and have experience at every level of the appeals process.
Call 01204 371 414 for a free initial consultation with our criminal defence team. All enquiries are treated in the strictest confidence.
187b Derby St, Bolton, BL3 6JT · hisolicitors.co.uk
Frequently Asked Questions
Q: How long do I have to appeal a conviction?
If convicted at the Magistrates Court and appealing to the Crown Court, you have 21 days from conviction or sentence. If convicted at the Crown Court and appealing to the Court of Appeal, you have 28 days from conviction or sentence. Missing these deadlines requires a separate application for an extension of time, which may not be granted.
Q: Do I need permission to appeal?
Appeals from the Magistrates Court to the Crown Court do not require permission — it is a right. Appeals from the Crown Court to the Court of Appeal require leave, which is initially considered by a single judge on the papers. If refused, the application can be renewed to the full court.
Q: What does “unsafe conviction” mean?
A conviction is unsafe if there is a real possibility that the jury would have reached a different verdict had the error or irregularity not occurred. The Court of Appeal does not need to conclude the appellant is innocent — only that the conviction cannot be regarded as reliable given what happened at trial.
Q: Can I appeal if new evidence has emerged since the trial?
Yes. Fresh evidence is a recognised ground of appeal. The Court of Appeal can admit new evidence if it is credible, could provide a ground for allowing the appeal, and there is an adequate explanation for why it was not available at the original trial. A solicitor can advise on whether any new evidence meets this test.
Q: What is the CCRC?
The Criminal Cases Review Commission is an independent body that reviews potential miscarriages of justice where all court appeal routes have been exhausted. It can refer cases back to the Court of Appeal where it concludes there is a real possibility the conviction would not be upheld. Applications to the CCRC typically require fresh evidence or a new legal argument.
