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Criminal Defence | England & Wales

Appealing a criminal conviction or sentence

The routes of appeal from the magistrates' court and the Crown Court, the strict time limits, and what the appeal court can do.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

From the magistrates' court you can appeal to the Crown Court against conviction (if you pleaded not guilty) or sentence, usually within 15 business days. The Crown Court rehears the case and can increase as well as reduce a sentence. From the Crown Court, appeals go to the Court of Appeal, which needs permission; the notice and grounds must normally be lodged within 28 days of conviction or sentence. The Court of Appeal asks whether a conviction is unsafe, or whether a sentence is wrong in principle or manifestly excessive. Time limits are strict, so take advice immediately.

Legal issues

From the magistrates' court

  • Crown Court appeal (Magistrates' Courts Act 1980, section 108): a full rehearing before a judge and two magistrates.
  • Case stated to the High Court on a point of law.

From the Crown Court

  • Court of Appeal (Criminal Appeal Act 1968): permission from a single judge first. Conviction appeals succeed only if the conviction is unsafe (section 2).
  • An unmeritorious renewed application risks a direction that time spent in custody does not count.

Later

The Criminal Cases Review Commission can refer a case back to the appeal courts, usually where there is new evidence or argument.

Evidence that matters

Appeals focus on what happened at trial: rulings, the summing-up, disclosure and any fresh evidence. Transcripts and the defence file are essential.

Reasonable lines of enquiry

Grounds commonly examined

  • A wrong ruling on evidence, such as bad character or hearsay.
  • Misdirection of the jury.
  • Non-disclosure by the prosecution.
  • Fresh evidence not available at trial.
  • For sentence: wrong guideline category, or credit for plea not given.

What happens next

For Court of Appeal cases, the single judge decides permission on the papers. If refused, the application can be renewed to the full court. If permission is granted, the appeal is heard by the full court.

Immediate steps

  • Note the date of conviction and sentence: the clock is running.
  • Ask your trial lawyers for their advice on appeal.
  • Consider a fresh opinion if you have concerns about how the trial was run.

What should you send us?

Send the dates of conviction and sentence, the court, the charge and any advice on appeal you have received.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We give independent advice on prospects, obtain transcripts, draft grounds and conduct appeals. See Crown Court representation.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Can my sentence be increased if I appeal?

On an appeal from the magistrates' court to the Crown Court, yes. The Court of Appeal cannot increase a sentence on a defendant's appeal, but the Attorney General can refer some unduly lenient sentences to it.

What if I missed the deadline?

You can ask for an extension of time, but you must explain the delay and show the appeal has merit.

Can I appeal if I pleaded guilty?

Against sentence, yes. Against conviction only in limited circumstances, for example if the plea was equivocal or based on a wrong ruling.

NEXT STEP

Get advice on an appeal

Time limits are short. Call 0843 636 7687 or email [email protected].

Get advice on an appeal