Appeals procedure - Procedure for appealing conviction and/or sentence

Learning Outcomes

After reading this article, you will be able to explain the main routes for appealing a criminal conviction or sentence in England and Wales, identify the relevant courts and deadlines, distinguish between appeals on fact and law, and apply the correct procedure and grounds for appeal. You will also be able to advise clients on the practical steps and risks involved in challenging a conviction or sentence, as required for SQE1.

SQE1 Syllabus

For SQE1, you are required to understand the procedures and principles for appealing criminal convictions and sentences. In your revision, pay particular attention to:

  • the available routes of appeal from the magistrates’ court and the Crown Court
  • the distinction between appeals on fact and appeals on law
  • the procedural steps, time limits, and requirements for each type of appeal
  • the possible outcomes and powers of the appellate courts
  • the grounds for appeal and the meaning of “unsafe conviction” and “unduly lenient sentence”
  • the limited rights of prosecution appeals

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 are the two main routes of appeal available to a defendant convicted in the magistrates’ court?
  2. What is the time limit for filing an appeal against conviction or sentence from the Crown Court to the Court of Appeal?
  3. What does the term “unsafe conviction” mean in the context of a Crown Court appeal?
  4. Can the prosecution appeal against an acquittal in the Crown Court? If so, in what circumstances?

Introduction

Appeals are a fundamental part of the criminal justice system, providing a mechanism to challenge errors and ensure fairness. The procedure for appealing a conviction or sentence depends on the court of first instance, the nature of the appeal, and the grounds relied upon. For SQE1, you must be able to identify the correct appeal route, understand the relevant deadlines, and apply the principles for both defendants and, in limited cases, the prosecution.

Routes of Appeal from the Magistrates’ Court

A defendant convicted or sentenced in the magistrates’ court has two principal routes of appeal:

Appeal to the Crown Court

A defendant may appeal to the Crown Court against conviction, sentence, or both. This is a right of appeal and does not require permission.

Key Term: Appeal to the Crown Court An appeal by a defendant from the magistrates’ court to the Crown Court, resulting in a full rehearing of the case (on conviction) or a fresh review of sentence.

  • The notice of appeal must be filed within 21 days of sentence (not conviction).
  • The appeal is heard by a Crown Court judge and two magistrates (not involved in the original case).
  • For conviction appeals, the case is reheard in full, with witnesses called again if necessary.
  • For sentence appeals, the Crown Court may increase, decrease, or leave the sentence unchanged.
  • The Crown Court can confirm, reverse, or vary the magistrates’ decision.

Appeal by Way of Case Stated to the High Court

Either party (defendant or prosecution) may appeal by way of case stated on a point of law or jurisdiction.

Key Term: Case Stated Appeal An appeal to the High Court (Divisional Court) in which the lower court states the facts and the legal question for review, limited to points of law.

  • The application must be made within 21 days of the decision.
  • The magistrates’ court prepares a written “case” outlining the facts and legal issue.
  • The High Court may affirm, reverse, or amend the decision, or remit the case for reconsideration.
  • No new evidence is heard; the focus is on whether the law was correctly applied.

Worked Example 1.1

A defendant is convicted of theft in the magistrates’ court and believes the magistrates misunderstood the law on dishonesty. What is the correct route of appeal?

Answer: The defendant should appeal by way of case stated to the High Court, as this is an alleged error of law.

Appeals from the Crown Court

A defendant convicted or sentenced in the Crown Court may appeal to the Court of Appeal (Criminal Division).

Appeals Against Conviction

  • The defendant must file a notice of appeal within 28 days of conviction.
  • Leave (permission) to appeal is required, either from the trial judge or the Court of Appeal.
  • The main ground is that the conviction is “unsafe”.

Key Term: Unsafe Conviction A conviction that the Court of Appeal considers unreliable due to legal error, procedural irregularity, or new evidence.

  • The Court of Appeal may quash the conviction, order a retrial, substitute a conviction for a lesser offence, or dismiss the appeal.

Appeals Against Sentence

  • The defendant may appeal against sentence if it is wrong in law, wrong in principle, or manifestly excessive.
  • The notice of appeal must be filed within 28 days of sentence.
  • The Court of Appeal may reduce the sentence, substitute a different sentence, or dismiss the appeal.

Worked Example 1.2

A defendant is convicted of robbery in the Crown Court. After trial, new evidence emerges that casts doubt on the identification. What should the defendant do?

Answer: The defendant should apply for leave to appeal against conviction to the Court of Appeal, relying on the fresh evidence as a ground that the conviction is unsafe.

Prosecution Appeals

The prosecution’s rights of appeal are limited to protect defendants from repeated litigation.

Appeals by Way of Case Stated

The prosecution may appeal by way of case stated from the magistrates’ court on a point of law.

Appeals Against Terminative Rulings

In the Crown Court, the prosecution may appeal certain rulings that would otherwise terminate the trial (e.g., a judge’s ruling of no case to answer), under the Criminal Justice Act 2003.

Reference of Unduly Lenient Sentences

The Attorney General may refer a sentence passed in the Crown Court to the Court of Appeal if it appears unduly lenient.

Key Term: Unduly Lenient Sentence A sentence that falls outside the appropriate range for the offence and is considered too low by the Attorney General.

  • The reference must be made within 28 days of sentence.
  • The Court of Appeal may increase the sentence if it finds it unduly lenient.

Appeals to the Supreme Court

A further appeal may be made from the Court of Appeal (or the High Court) to the Supreme Court, but only on a point of law of general public importance and with permission.

Time Limits and Procedure

  • Appeals to the Crown Court: 21 days from sentence.
  • Appeals to the Court of Appeal: 28 days from conviction or sentence.
  • Appeals by way of case stated: 21 days from the decision.
  • Permission (leave) is required for most appeals to the Court of Appeal and the Supreme Court.

Exam Warning

A defendant who appeals to the Crown Court against sentence should be aware that the sentence may be increased as well as reduced.

Outcomes and Powers of Appellate Courts

  • The appellate court may confirm, reverse, or vary the original decision.
  • In conviction appeals, the court may quash the conviction, order a retrial, or substitute a conviction for a lesser offence.
  • In sentence appeals, the court may reduce, increase (in some cases), or leave the sentence unchanged.

Revision Tip

Always check the correct time limit and ensure the notice of appeal is filed promptly. Out-of-time appeals require special permission.

Key Point Checklist

This article has covered the following key knowledge points:

  • The main routes of appeal from the magistrates’ court are to the Crown Court (full rehearing) and by way of case stated to the High Court (point of law).
  • Appeals from the Crown Court to the Court of Appeal require leave and are based on the conviction being unsafe or the sentence being wrong in law or principle.
  • The prosecution’s rights of appeal are limited but include case stated appeals and references of unduly lenient sentences.
  • Strict time limits apply to all appeals, and the correct procedure must be followed.
  • The appellate courts have wide powers to confirm, reverse, vary, or remit decisions, and may order retrials or substitute convictions.

Key Terms and Concepts

  • Appeal to the Crown Court
  • Case Stated Appeal
  • Unsafe Conviction
  • Unduly Lenient Sentence
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