Conviction and sentence review
An appeal is not simply a second trial. The conviction, sentence, legal rulings, evidence and representation must be reviewed to identify a proper ground of appeal and the correct procedure.
Appeals against conviction
The Court of Appeal may allow an appeal where a conviction is unsafe. Potential issues can include legal error, wrongly admitted or excluded evidence, disclosure failure, fresh evidence or serious procedural irregularity.
- Review of trial papers and rulings
- Advice on fresh evidence
- Grounds and permission to appeal
Appeals against sentence
A sentence may be challenged where it was unlawful, wrong in principle or manifestly excessive. The available argument depends on the offence, guideline, findings and reasons given by the sentencing judge.
- Sentencing remarks and guideline analysis
- Credit, totality and ancillary orders
- Renewed applications where appropriate
Time limits matter
For a Crown Court case, an application for permission to appeal against conviction should normally be made within 28 days of conviction, while an application concerning sentence should normally be made within 28 days of sentence. A late application must explain the delay and may require an extension of time, so urgent advice is important.
Appeals from a Magistrates’ Court follow a different procedure and time limit. A defendant appealing to the Crown Court will usually need to lodge the appeal within 15 business days of the relevant decision. The correct route should therefore be identified before papers are filed.
What should I do if I am considering an appeal?
- Obtain the conviction and sentence dates immediately so the applicable deadline can be checked.
- Keep the indictment or charge, sentencing remarks, written rulings, expert reports and previous legal advice.
- Identify precisely what you say went wrong rather than treating an appeal as a general rehearing of the case.
- Preserve any genuinely new witness, digital, medical, forensic or expert material and record when it became available.
- Do not delay while waiting for every document if a filing deadline is approaching; obtain specialist advice urgently.
- If permission has already been refused, keep the refusal decision and seek advice on whether renewal or another route is properly available.
For Crown Court appeals, the Court of Appeal can allow a conviction appeal where it considers the conviction unsafe. Permission to appeal is normally required before the substantive appeal is heard.
Common questions
Can I appeal if I pleaded guilty?+
An appeal against sentence may still be possible, and in limited circumstances a conviction following a guilty plea may be challenged. The papers must be reviewed.
What if the 28-day period has passed?+
A late application may be considered, but the delay must be explained. Obtain advice without further delay.
Can I appeal because my barrister or solicitor made mistakes?+
Complaints about previous representation do not automatically make a conviction unsafe. The important question is whether an identifiable failure or other issue provides a proper legal ground of appeal. The trial papers, advice, evidence and decisions made at the time may need careful review.
Can new evidence be used after I have been convicted?+
Fresh evidence can sometimes support an appeal, but the Court of Appeal considers matters including its credibility, relevance and why it was not used at trial. New witness, expert, digital or forensic evidence should be assessed promptly.
Can I appeal a sentence that feels too long?+
Possibly. The issue is not simply whether the sentence feels severe. An appeal may involve an unlawful sentence, an error of principle, incorrect application of a guideline or an argument that the sentence was manifestly excessive.
What documents are needed to review a possible appeal?+
Useful material can include the indictment or charge, sentencing remarks, judge’s rulings, prosecution and defence statements, expert reports, previous legal advice and any material said to be fresh evidence. The documents required depend on whether the challenge concerns conviction, sentence or both.
What happens if permission to appeal is refused?+
The next procedural step depends on how the application was determined and the advice on the merits. A refusal should be reviewed carefully before deciding whether any further application is properly arguable.
Speak to Ghafar Khan now.
For urgent criminal defence advice, call the 24/7 number.