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.