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Przegląd
If you have been convicted of a criminal offence, you may have the right to appeal against the conviction, the sentence, or both. The appeal route depends on which court convicted you. From the Magistrates' Court, you appeal to the Crown Court (a complete rehearing) or to the High Court by way of case stated (on a point of law). From the Crown Court, you appeal to the Court of Appeal Criminal Division (with leave). Appeals are governed by the Criminal Appeal Act 1968 and the Criminal Procedure Rules.
Proces krok po kroku
Identify the Appeal Route
Magistrates' Court conviction → appeal to the Crown Court (rehearing of the case) or appeal by way of case stated to the High Court (point of law only). Crown Court conviction → appeal to the Court of Appeal Criminal Division (requires leave/permission).
- Crown Court appeals require leave (permission) from the Court of Appeal — most are refused
- Appeals from the Magistrates' Court to the Crown Court are as of right — no permission needed
- Consider seeking legal advice urgently — time limits are strict
File the Appeal Notice
For Magistrates' Court appeals to the Crown Court: file a notice of appeal within 21 days of sentence. For Crown Court appeals to the Court of Appeal: file Form NG (notice and grounds of appeal) within 28 days of conviction or sentence. Grounds of appeal must be clearly stated.
- The 28-day time limit for Crown Court appeals is strictly enforced — extensions are rarely granted
- Grounds of appeal should focus on errors of law, procedural unfairness, or fresh evidence
- For sentence appeals, argue that the sentence was manifestly excessive or wrong in principle
Legal Representation
You are strongly advised to have legal representation for an appeal. Legal aid may be available — apply through your solicitor. For Crown Court appeals, specialist criminal appeal solicitors and barristers are recommended. The Registrar of Criminal Appeals can assign a lawyer to advise on the merits.
- Many appeals are refused at the permission stage — obtain advice on merits before proceeding
- Fresh evidence can be admitted on appeal if it was not available at trial and is credible and relevant
- You may be at risk of having your sentence increased on a Crown Court appeal (though this is rare)
The Appeal Hearing
Magistrates' Court → Crown Court: the case is reheard in full before a judge and two magistrates. You can call witnesses and present evidence as if it were a new trial. Crown Court → Court of Appeal: the appeal is decided on legal argument and the trial transcript. Fresh evidence is only admitted in limited circumstances. The court can allow the appeal (quash the conviction), dismiss it, or substitute a lesser verdict.
- In the Crown Court appeal, the court can impose any sentence the Magistrates' Court could have imposed — including a higher one
- The Court of Appeal will allow an appeal if the conviction is 'unsafe'
- If the appeal is unsuccessful, you may apply to the Criminal Cases Review Commission (CCRC) as a last resort
Koszty
Ważne ostrzeżenia
On an appeal to the Crown Court from the Magistrates' Court, the Crown Court can increase your sentence. Consider this risk before appealing against sentence only.
Strict time limits apply — 21 days for Magistrates' Court appeals, 28 days for Crown Court appeals. Late applications require permission and a good reason for the delay.
The Criminal Cases Review Commission (CCRC) can refer cases back to the Court of Appeal where there is a real possibility the conviction or sentence would be overturned — but this is a process of last resort.