How to Appeal a Criminal Conviction in the UK

What Does It Mean to Appeal a Criminal Conviction?

A criminal appeal is a legal process that allows a higher court to review the decision of a lower court. 

In England and Wales, appeals usually arise in two situations:

• Appeals from the Magistrates’ Court to the Crown Court 
• Appeals from the Crown Court to the Court of Appeal

The appeal court examines whether the conviction was legally sound. This may involve reviewing legal arguments, analysing evidence, and considering whether the trial was conducted fairly. 

Under the Criminal Appeal Act 1968, the Court of Appeal must determine whether a conviction is “unsafe”. If the court concludes that the verdict may be unreliable or legally flawed, it has the power to overturn the conviction. 

What Are the Grounds for Appealing a Criminal Conviction?

You cannot appeal simply because you disagree with the outcome of the trial. The appeal must be based on recognised legal grounds. 

Common grounds for appeal include: 

Legal errors during the trial

An appeal may succeed if the trial judge made an error of law. For example: 

• Incorrect directions to the jury 
• Improper admission or exclusion of evidence 
• Misinterpretation of legal principles 

Such errors can undermine the fairness of the proceedings. 

Unfair trial procedures

If the trial process was fundamentally unfair, the conviction may be challenged. 

Examples include: 

• Jury irregularities 
• Procedural mistakes 
• Misconduct affecting the trial 

These issues may lead the appeal court to conclude that the conviction cannot safely stand. 

Fresh evidence

New evidence may emerge after the trial that could have affected the outcome. 

The Court of Appeal may consider fresh evidence if: 

• It was not available during the original trial 
• It could not reasonably have been discovered earlier 
• It may have influenced the verdict 

Appealing a Crown Court Conviction

Appeals from the Crown Court follow a different process and are heard by the Court of Appeal (Criminal Division). 

Unlike Magistrates’ Court appeals, you must first obtain permission to appeal, known as leave to appeal. 

Time limits

Applications for permission must usually be made within 28 days of the conviction or sentence. 

Late applications are possible but require strong justification. 

 Applying for permission to appeal

Your legal team must prepare formal documents including: 

• An Application for Permission to Appeal 
• Written grounds of appeal 

A single judge of the Court of Appeal initially reviews the application. The judge will decide whether there is a reasonable argument that the conviction may be unsafe. 

If permission is granted, the case proceeds to a full appeal hearing. 

What Happens at the Court of Appeal?

Appeals against Crown Court convictions are heard in the Court of Appeal of England and Wales (Criminal Division). 

The case is normally heard by a panel of three senior judges. 

Unlike a trial, the appeal hearing does not involve a full rehearing of evidence. Instead, the court reviews legal arguments relating to the original proceedings. 

The Court of Appeal may reach one of several outcomes: 

• Dismiss the appeal – the conviction remains in place. 
• Quash the conviction – the conviction is overturned. 
• Order a retrial – the case is sent back to the Crown Court. 
• Substitute a different conviction – a lesser offence may be recorded.  

The court’s central task is determining whether the conviction is safe in law.

Risks When Appealing a Criminal Conviction

Appealing a conviction is a serious legal step and can involve certain risks. 

In some circumstances: 

• The court may increase the sentence if the appeal fails. 
• The court may issue a “loss of time order” if the appeal is considered without merit. 
• A retrial may be ordered, meaning the case is heard again. 

For these reasons, it is essential to carefully evaluate whether there are proper legal grounds for appeal before proceeding. 

Why Instruct a Criminal Appeals Solicitor?

Criminal appeals involve complex legal analysis and strict procedural requirements. 

An experienced criminal appeals solicitor can: 

• Assess whether your conviction may be unsafe 
• Identify valid legal grounds for appeal 
• Prepare the formal appeal documentation 
• Work with specialist barristers 
• Represent you during appeal hearings 

Appeal cases often require detailed review of: 

• Trial transcripts 
• Judicial directions 
• Evidence used at trial 
• Procedural conduct of the case 

Professional legal representation can be critical in presenting a persuasive appeal to the court. 

Speak to a Criminal Appeals Solicitor

If you believe your conviction may be legally flawed, it is important to seek legal advice as soon as possible. 

Time limits for criminal appeals are short, and preparing a strong appeal requires detailed examination of the original proceedings. 

Specialist criminal defence solicitors can assess the circumstances of your case, advise on the prospects of success, and guide you through the appeals process. 

Early legal advice can help ensure that important deadlines are not missed and that any potential grounds for appeal are properly explored.