Appeals procedure - Appeals from the Crown Court to the Court of Appeal

Learning Outcomes

After studying this article, you will be able to explain the legal framework for appeals from the Crown Court to the Court of Appeal, identify the main grounds for appeal against conviction and sentence, outline the procedural steps (including leave to appeal and time limits), and describe the powers and limitations of the Court of Appeal. You will also be able to apply these principles to SQE1-style scenarios and avoid common errors.

SQE1 Syllabus

For SQE1, you are required to understand the appeals process from the Crown Court to the Court of Appeal, including the relevant statutory provisions, grounds for appeal, procedural requirements, and the possible outcomes. In your revision, focus on:

• the statutory basis for appeals from the Crown Court to the Court of Appeal
• the grounds for appealing against conviction and sentence
• the requirement for leave to appeal and the single judge procedure
• the time limits and procedural steps for lodging an appeal
• the Court of Appeal’s powers and limitations (including quashing, substituting, or ordering a retrial)
• the rules for admitting fresh evidence on appeal
• the meaning of an “unsafe” conviction

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What is the primary statutory test the Court of Appeal applies when deciding whether to allow an appeal against conviction?
2. What is the usual time limit for filing a notice of appeal from the Crown Court to the Court of Appeal?
3. Can the Court of Appeal increase a sentence on an appeal by the defendant against sentence?
4. What are the main powers available to the Court of Appeal if it allows an appeal against conviction?

Introduction

Appeals from the Crown Court to the Court of Appeal are a key safeguard in the criminal justice system of England and Wales. They allow defendants to challenge convictions or sentences imposed by the Crown Court, ensuring that errors of law or procedure can be corrected and that justice is achieved. For SQE1, you must know the statutory framework, the main grounds for appeal, the procedural requirements, and the possible outcomes of such appeals.

The Statutory Framework

Appeals from the Crown Court to the Court of Appeal are governed primarily by the Criminal Appeal Act 1968. This Act sets out who may appeal, on what grounds, and the procedures to be followed. The Court of Appeal (Criminal Division) hears these appeals.

Key Term: Court of Appeal (Criminal Division) The appellate court that hears appeals from the Crown Court in criminal cases, with the power to quash, substitute, or order retrials.

Grounds for Appeal

Appeals Against Conviction

A defendant may appeal against conviction on the ground that the conviction is “unsafe.” This is the central test applied by the Court of Appeal.

Key Term: unsafe conviction A conviction is considered unsafe if, due to legal error, procedural irregularity, or new evidence, the court cannot be sure of the defendant’s guilt.

Common grounds for appeal against conviction include:

• misdirection of the jury by the judge
• significant procedural irregularities (e.g., unfair trial)
• the emergence of fresh evidence not available at trial
• errors in the admission or exclusion of evidence
• verdicts that are unreasonable in light of the evidence

Appeals Against Sentence

A defendant may also appeal against sentence if it is:

• manifestly excessive (i.e., clearly too harsh)
• wrong in principle (e.g., the judge applied the wrong sentencing guideline)
• unlawful (e.g., outside the statutory maximum or minimum)

Key Term: manifestly excessive sentence A sentence that is clearly disproportionate to the seriousness of the offence or the circumstances of the case.

Procedural Requirements

Time Limits

A notice of appeal must usually be filed within 28 days of the date of conviction (for appeals against conviction) or sentence (for appeals against sentence). The notice must set out the grounds of appeal.

Key Term: notice of appeal The formal document submitted to initiate an appeal, stating the grounds and relevant details.

Leave to Appeal

Most appeals require leave (permission) to appeal. This is to prevent unmeritorious appeals from proceeding. Leave may be granted by the trial judge or, more commonly, by a single judge of the Court of Appeal reviewing the papers (“the single judge procedure”).

Key Term: leave to appeal Permission required before most appeals can proceed to a full hearing.

If leave is refused by the single judge, the applicant may renew the application before the full court.

The Appeal Hearing

If leave is granted, the appeal is heard by a panel of three judges. Both parties submit written arguments (“skeleton arguments”) and may make oral submissions. The court may consider fresh evidence if it is in the interests of justice and the evidence could not have been obtained with reasonable diligence at trial.

Key Term: fresh evidence New evidence not available at trial, which may be admitted on appeal if certain criteria are met.

Powers of the Court of Appeal

The Court of Appeal has several powers when determining an appeal:

• quash the conviction if it is unsafe
• order a retrial if appropriate
• substitute a conviction for a lesser or alternative offence
• dismiss the appeal (if not satisfied the conviction is unsafe)
• vary or reduce the sentence (but cannot increase it on a defendant’s appeal)

Key Term: retrial A new trial ordered by the Court of Appeal, usually in the Crown Court, if the original conviction is quashed but a new trial is justified.

The Court of Appeal cannot increase a sentence on an appeal by the defendant against sentence, but may reduce it or make other adjustments.

Limitations and Principles

• The Court of Appeal will not interfere with the jury’s verdict unless there is a clear legal reason.
• The court is reluctant to admit fresh evidence unless it is credible, relevant, and could not have been obtained at trial with reasonable diligence.
• The principle of finality means that not every error will result in a conviction being quashed; the error must render the conviction unsafe.

Worked Example 1.1

A defendant is convicted in the Crown Court. After trial, new DNA evidence emerges that casts doubt on the defendant’s guilt. What can the defendant do?

Answer: The defendant can apply for leave to appeal out of time, relying on the fresh evidence. If the Court of Appeal finds the new evidence credible and relevant, and that it could not have been obtained at trial, it may admit it and, if the conviction is now unsafe, quash the conviction and possibly order a retrial.

Worked Example 1.2

A defendant appeals against sentence, arguing that the sentence is manifestly excessive. The Court of Appeal agrees. What can the court do?

Answer: The Court of Appeal can reduce the sentence to a level it considers appropriate, but cannot increase the sentence on the defendant’s appeal.

Exam Warning

The Court of Appeal will not allow an appeal against conviction simply because there was a minor procedural error at trial. The error must be significant enough to make the conviction unsafe. Always link the ground of appeal to the safety of the conviction.

Revision Tip

When answering SQE1 questions on appeals, always identify whether the appeal is against conviction or sentence, the relevant time limit, and whether leave is required.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• Appeals from the Crown Court to the Court of Appeal are governed by the Criminal Appeal Act 1968.
• The main ground for appeal against conviction is that the conviction is unsafe.
• Appeals against sentence may be brought if the sentence is manifestly excessive, wrong in principle, or unlawful.
• Most appeals require leave to appeal, which is usually decided by a single judge.
• The time limit for filing a notice of appeal is generally 28 days from conviction or sentence.
• The Court of Appeal can quash convictions, order retrials, substitute convictions, or vary sentences.
• Fresh evidence may be admitted on appeal if it meets strict criteria.
• The Court of Appeal cannot increase a sentence on a defendant’s appeal against sentence.

Key Terms and Concepts

• Court of Appeal (Criminal Division)
• unsafe conviction
• manifestly excessive sentence
• notice of appeal
• leave to appeal
• fresh evidence
• retrial