Can I appeal a Crown Court sentence? Yes, a defendant may apply for permission to appeal against a Crown Court sentence, but dissatisfaction with the outcome is not enough. The proposed grounds must identify a proper basis for the Court of Appeal to intervene, and the usual time limit is short.
How long do I have to appeal a Crown Court sentence?
The usual deadline is 28 days from the date of sentence. The official GOV.UK Crown Court appeal guidance confirms that permission to appeal must normally be requested within that period. A late application must explain the delay, and an extension is not automatic.
Do not wait for the written sentencing remarks or assume that somebody else has lodged the application. Obtain advice promptly and confirm what has actually been filed.
What are the grounds for appealing a sentence?
A sentence may require review where it is arguably wrong in principle or manifestly excessive. Possible issues can include:
- an incorrect sentencing guideline or statutory provision;
- a mistake about the facts, offending role or criminal record;
- insufficient credit for a guilty plea;
- relevant mitigation or a report not being considered properly;
- an unlawful ancillary order or incorrect calculation;
- a total sentence that is arguably disproportionate.
The appropriate argument depends on the sentencing transcript, indictment, basis of plea, pre-sentence report, guideline and the judge’s reasons. The Court of Appeal Criminal Division hears applications and appeals concerning convictions and sentences. Current procedure is governed by the Criminal Procedure Rules and Practice Directions.
What happens after an application is filed?
A single judge ordinarily considers whether permission should be granted. If permission is refused, it may be possible to renew the application before the full court. Renewal should be considered carefully: GOV.UK warns that an unsuccessful renewed application may expose an applicant to costs or, in an unmeritorious case, a loss-of-time order.
Early specialist review allows the papers and sentence to be examined before the deadline. Ghafar Khan advises on criminal appeals against conviction and sentence and can consider whether properly arguable grounds exist.
Brief FAQs
Can I appeal if I pleaded guilty?
Potentially, yes. A guilty plea does not prevent an appeal against sentence, although the proposed grounds still require proper legal merit.
Can I appeal after 28 days?
A late application may be accepted, but the delay must be explained and an extension is discretionary. Seek advice immediately.
Ghafar Khan, Criminal Defence Solicitor and High Court Advocate; 24/7 mobile 07500 556587; notguilty@ghafarkhan.com; acting throughout England and Wales; #CALLGFA.
This article provides general information only. Appeal prospects and deadlines require advice based on the individual case.