Introduction
Being convicted of a crime can be overwhelming, but it is important to remember that a conviction or sentence is not necessarily final. In the UK, you have the right to appeal a criminal conviction or sentence if you believe there has been a miscarriage of justice or if your sentence is too harsh.
This guide will explain the appeals process, key deadlines, and what you need to do if you want to challenge your conviction or sentence.
Can You Appeal a Conviction or Sentence?
Yes, you can appeal a conviction or sentence in the UK. However, you must have legal grounds to do so. Common reasons for appeal include:
• Errors in law – The court made a mistake in interpreting the law.
• Procedural irregularities – The trial was unfair due to mistakes in the legal process.
• New evidence – Fresh evidence has come to light that was not available during the trial.
• Excessive sentence – The sentence is too severe given the circumstances of the case.
How to Appeal a Conviction or Sentence from the Magistrates’ Court
If you were convicted in a Magistrates’ Court, you have an automatic right to appeal to the Crown Court. The key points to consider are:
Deadlines for Appeal
• You must lodge an appeal within 15 working days of the conviction or sentence.
Appealing a Conviction
• The Crown Court will hear your case again, including witness testimony and evidence.
• The court may uphold, overturn, or vary the conviction.
• If your appeal is unsuccessful, you may also be required to pay prosecution costs.
Appealing a Sentence
• The Crown Court will review the sentence and may reduce, increase, or keep it the same.
• If the appeal is unsuccessful, the original sentence remains in place. You may also be required to pay prosecution costs of the appeal.
If the 15-day deadline has passed, you may still be able to appeal by applying for special permission, but this is not guaranteed.
How to Appeal a Conviction or Sentence from the Crown Court
If your case was heard in a Crown Court, you need permission from the Court of Appeal to proceed with an appeal.
Deadlines for Appeal
• You must apply within 28 days of your conviction or sentence.
Appealing a Conviction
• The Court of Appeal will review the trial process rather than retry the case.
• You need strong grounds that mean the conviction is unsafe, such as a legal error, or procedural unfairness.
• If successful, your conviction may be overturned, retried, or reduced to a lesser offence.
Appealing a Sentence
• The Court of Appeal will determine if the sentence was too harsh. The test is that the sentence is manifestly excessive.
• They may reduce the sentence or, in rare cases, increase it.
If your appeal is rejected, you can apply to the Criminal Cases Review Commission (CCRC), which investigates potential miscarriages of justice.
How Legal Representation Can Help
Appealing a conviction or sentence is complex and requires strong legal arguments. A solicitor can:
• Assess the merits of your case to determine if an appeal is viable.
• Prepare and submit appeal applications within the required deadlines.
• Gather new evidence to strengthen your case.
• Represent you in court to argue why your conviction or sentence should be overturned.
Conclusion
If you have been convicted of a crime or given a harsh sentence, you may have the right to appeal. However, time limits are strict, and the process is legally complex. Seeking expert legal advice as soon as possible can improve your chances of success.
At Moss & Co Solicitors, we only take on criminal appeals on a legal aid basis for cases where we also conducted the original trial or plea. We may be able to assist on a private basis in other cases.