Can I Appeal a Crown Court Conviction?

Yes, you can apply to appeal a Crown Court conviction, but you will usually need permission from the Court of Appeal Criminal Division and must normally apply within 28 days of conviction. An appeal is not simply a second trial because you disagree with the verdict. The central question is whether the conviction is unsafe.

Time is important. Obtain legal advice promptly and preserve the trial papers and any potentially relevant evidence.

How long do I have to appeal a conviction?

An application challenging a Crown Court conviction should normally be lodged within 28 days of the conviction. If you want to challenge your sentence, the usual time limit is 28 days from the date of sentence.

A late application may still be considered, but you must explain the delay and ask for an extension. An extension is not automatic, so do not wait for all possible evidence before obtaining advice.

What may justify a Crown Court appeal?

A criminal appeal solicitor should examine the full history of the case rather than rely only on a short account. Possible issues may include:

an incorrect legal ruling or direction;
an unfair procedure or important disclosure problem;
evidence that was wrongly admitted or excluded;
fresh evidence that was not available at trial; or
a serious problem with representation that may have affected the safety of the conviction.

This is not an exhaustive list. The trial papers, rulings, evidence and advice already given must be reviewed carefully before grounds of appeal are settled.

Can new evidence be used in a criminal appeal?

Potentially, yes. Fresh evidence requires a proper application and an explanation of when it was discovered, why it was not used at trial and how it may affect the conviction. The Court will consider matters including whether the evidence appears capable of belief and whether there is a reasonable explanation for the earlier omission.

Do not alter or delete possible evidence. Preserve messages, devices, call records, location material, expert reports and correspondence so that a solicitor can assess them.

What happens after an application?

Permission to appeal is usually considered first. If a single judge refuses permission, it may be possible to renew the application before the full Court. Renewing can carry risks, including an order for costs or loss of time, so take advice before doing so.

If an appeal against conviction succeeds, the conviction may be quashed and the Court may consider whether a retrial should be ordered. If it fails, the conviction remains in place. No outcome can be guaranteed.

Can I appeal if I pleaded guilty?

An application may still be possible, but a challenge to conviction after a guilty plea is usually more restricted and may involve technical legal issues. The plea, advice and court record should be reviewed urgently.

Can I appeal after the 28-day limit?

You can ask for an extension and explain the delay, but permission is not automatic. Seek advice without further delay.

Official sources

This article provides general information about the law in England and Wales. It is not legal advice for any particular case.

Ghafar Khan, Criminal Defence Solicitor and High Court Advocate
24/7 mobile: 07500 556587
Email: notguilty@ghafarkhan.com
Acting throughout England and Wales
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