Learning Outcomes
After studying this article, you will be able to explain the main routes and procedures for appeals in criminal litigation in England and Wales. You will be able to identify who may appeal, in what circumstances, and on what grounds, as well as understand the timing, process, and possible outcomes of appeals from both magistrates’ and Crown Court decisions. This knowledge will support you in answering SQE2-style questions on criminal litigation appeals.
SQE2 Syllabus
For SQE2, you are required to understand the appeals framework and procedure in criminal litigation as it applies to practical case scenarios. In your revision, focus on:
- The principal appeal routes from the magistrates’ court and the Crown Court in criminal cases.
- Who may bring an appeal, on what grounds, and the relevant time limits for appeals.
- The procedures and key differences between appeals against conviction, sentence, and by way of case stated.
- The powers and possible outcomes available to the appellate courts.
- How prosecution and defence rights of appeal differ.
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.
- What are the two main routes of appeal available to a defendant following conviction in the magistrates’ court?
- Name three possible outcomes of a successful appeal to the Crown Court against conviction.
- Who can appeal to the High Court by way of case stated, and in what circumstances?
- By when must a defendant file an appeal against conviction from the Crown Court to the Court of Appeal?
Introduction
When advising a client convicted in the criminal courts of England and Wales, you may need to consider whether and how to challenge the court’s decision or penalty. Appeals procedures differ depending on whether the conviction or sentencing was before the magistrates’ court or the Crown Court. Different appeal routes also apply to prosecution and defence, and each route requires careful attention to timing, processes, and available remedies.
Key Term: appeal
An application to a higher court to review and potentially change the decision of a lower court.
Appeals from the Magistrates’ Court
Defendants convicted in the magistrates’ court can appeal by two principal routes: a direct (de novo) appeal to the Crown Court, or an appeal on a point of law to the High Court by way of case stated.
Key Term: de novo appeal
A full rehearing of the case as if it were a new trial, hearing evidence and legal issues afresh.
Appeal to the Crown Court
A defendant convicted in the magistrates’ court may appeal to the Crown Court against conviction and/or sentence. This is a de novo appeal, meaning the Crown Court rehears all evidence and makes its own decision on facts and law. No permission (“leave”) is needed to bring the appeal, but the defendant must file and serve the notice of appeal within 15 business days after sentencing. If out of time, an application for extension can be made.
At the appeal hearing, a Crown Court judge (and usually two magistrates who did not hear the original case) will determine the matter. If the appeal is against conviction, the court will rehear witnesses and evidence. If the appeal is against sentence only (after a guilty plea), the court may increase, decrease, or leave the sentence unchanged—but only within the original magistrates’ sentencing powers.
The Crown Court may:
- Allow the appeal and quash the conviction.
- Dismiss the appeal and uphold the conviction/sentence.
- Substitute a different verdict available to the magistrates.
- Vary the sentence or impose any sentence that the magistrates’ court could have imposed.
A further appeal, on a point of law, may be made from the Crown Court to the High Court by way of case stated if there remains a question of legal interpretation.
Appeal by Way of Case Stated (to the High Court)
Both defence and prosecution may appeal to the Divisional Court of the High Court by way of case stated. This procedure is used when there is a specific point of law or jurisdiction disputed. The application must be made to the magistrates’ court within 21 days of the decision.
The "case stated" is a written document from the lower court, setting out the facts found and the legal question to be determined. The High Court does not hear new evidence but determines whether the magistrates’ court (or the Crown Court acting in an appellate capacity) misapplied the law or exceeded its powers.
Possible outcomes:
- Affirm the lower court’s decision.
- Reverse or vary the decision.
- Remit the case back with directions.
Proceeding by way of case stated precludes a simultaneous de novo Crown Court appeal for the same matter.
Judicial Review
On rare occasions, where there is alleged procedural unfairness or excess of jurisdiction not suited to an appeal by way of case stated, an application for judicial review may be possible.
Appeals from the Crown Court
After a conviction or sentence in the Crown Court, the defendant may appeal to the Court of Appeal (Criminal Division). However, permission to appeal (“leave”) is always required.
Appeal to the Court of Appeal (Criminal Division)
A defendant may appeal against conviction or sentence from the Crown Court. The process requires an application for leave, which must usually be made within 28 days of conviction (for a conviction appeal) or sentence (for a sentence appeal).
Leave to appeal may be granted by:
- The trial judge immediately after conviction/sentence; or
- A single judge of the Court of Appeal, on consideration of the written application.
Key Term: grounds of appeal
The legal reasons (e.g., error in law, unsafe conviction, or unduly severe sentence) upon which an appeal is based.
The Court of Appeal will only allow an appeal against conviction if the conviction is "unsafe." For sentence appeals, the sentence must be "wrong in law," "manifestly excessive," or wrong in principle.
Possible outcomes include:
- Allowing the appeal, quashing the conviction, and either acquitting the defendant or ordering a retrial.
- Dismissing the appeal and affirming the conviction.
- Substituting a conviction for a lesser offence.
- Reducing (or, rarely, increasing) sentence, but not beyond the Crown Court's original powers.
The prosecution has limited rights of appeal in the Crown Court, usually where a trial judge makes a ruling terminating proceedings or when appealing unduly lenient sentences.
Further Appeals
A further appeal lies, in limited circumstances, from the Court of Appeal to the Supreme Court. The Court of Appeal or Supreme Court must certify that a point of law of general public importance is involved and grant leave.
Procedural Requirements and Timings
- Magistrates' court to Crown Court: 15 business days from sentence.
- Magistrates' court to High Court by case stated: 21 days.
- Crown Court to Court of Appeal: 28 days from conviction (or sentence).
- For all appeals, check for any procedural requirements and serve notice on all necessary parties.
Key Term: grounds of appeal
The specific legal arguments submitted to challenge the original decision. A well-drafted notice of appeal sets out these grounds clearly and concisely.
The Role of the Prosecution on Appeal
The prosecution can:
- Appeal against a magistrates’ court ruling by case stated.
- Appeal against a Crown Court judge’s ruling terminating proceedings or, with the Attorney General’s authority, against unduly lenient sentences.
- Appeal to the Supreme Court (with certification of a point of law of general public importance and leave).
The prosecution cannot appeal a jury's acquittal except in highly restricted and specified circumstances (e.g., double jeopardy statutory exceptions with new and compelling evidence for certain serious offences).
Worked Example 1.1
Scenario:
Anna is convicted in the magistrates’ court of theft after a trial. She believes the magistrates made errors regarding both the facts and the law. Her solicitor wants to fully challenge the conviction.
Question: What routes of appeal are open to Anna, and what may the Crown Court do on appeal?
Answer:
Anna may appeal to the Crown Court within 15 business days after sentence. The Crown Court will rehear the evidence and may allow the appeal (quashing the conviction), dismiss the appeal, substitute another verdict, or vary the sentence within magistrates’ powers. If there is a question only of law, Anna can (instead or as an alternative) go by way of case stated to the High Court within 21 days of the magistrates’ decision.
Worked Example 1.2
Scenario:
Ben is convicted by a jury in the Crown Court and receives a 4-year sentence. He believes the judge’s directions to the jury were flawed in law and the sentence is too harsh.
Question: What should Ben’s solicitor advise about appeals, timing, and outcomes?
Answer:
Ben can apply for leave to appeal to the Court of Appeal within 28 days of conviction (for conviction appeals) or sentence (for sentence appeals). The Court of Appeal may allow the appeal (and quash the conviction or substitute a conviction for a lesser offence) or dismiss it. For sentence, the court may reduce (but not increase beyond the original powers) the term. Ben’s solicitor must submit full grounds of appeal with the application.
Revision Tip
Take particular care with time limits for appeals and serving notices on all required parties. Late appeals may be refused unless an extension is granted.
Exam Warning
An appeal to the Crown Court from the magistrates' court results in a full rehearing. New evidence may be considered. However, once an appeal by way of case stated has been begun, a direct appeal to the Crown Court may no longer be available for the same matter.
Key Point Checklist
This article has covered the following key knowledge points:
- There are two principal appeal routes for defendants from the magistrates’ court: de novo appeal to the Crown Court and appeal by way of case stated to the High Court.
- An appeal to the Crown Court is a full rehearing; case stated appeals are on points of law only.
- From the Crown Court, appeals by defendants are to the Court of Appeal; leave to appeal is required.
- Procedural rules and strict time limits apply for all appeals—missing deadlines usually requires permission to appeal out of time.
- The available outcomes on appeal include confirming, quashing, substituting, or varying sentences or verdicts within jurisdictional limits.
- Prosecution rights of appeal are far more limited than defence rights and differ depending on the level of court and the issue appealed.
Key Terms and Concepts
- appeal
- de novo appeal
- grounds of appeal