Appealing a Conviction or Sentence: What Are Your Options?

If you have been convicted or sentenced in the Magistrates’ Court or the Crown Court and believe the outcome was wrong, you may be able to appeal, but strict time limits apply and the right route depends on which court dealt with your case and what exactly you are challenging. Appeals are not a second chance to reargue the facts; they must be based on proper legal grounds, such as an error of law, unfair process, or a sentence that was manifestly excessive.

Deciding whether to appeal, and getting it right procedurally, is not something to approach alone or leave until the last minute. This guide sets out the main appeal routes, the time limits involved, and what is realistically required to succeed.

Can You Appeal Any Conviction or Sentence?

Not automatically. An appeal is not simply a request for the case to be looked at again because you disagree with the result. You generally need identifiable grounds, such as:

• A conviction reached on a legally flawed basis, such as a wrong direction on the law, wrongly admitted evidence, or an unsafe verdict
• A sentence that is manifestly excessive or wrong in principle, for example because relevant sentencing guidelines were not properly applied
• New evidence that was not available at trial and could realistically affect the outcome
• Procedural unfairness during the trial or sentencing hearing

Simply feeling that the outcome was harsh is not, on its own, a legal ground for appeal, though it may indicate the sentence was wrong in principle, which is a distinct and valid basis to explore with a solicitor.

Appealing From the Magistrates’ Court

If your case was heard and decided in the Magistrates’ Court, there are two main routes.

Appeal to the Crown Court If you pleaded not guilty and were convicted, or you wish to challenge your sentence, you can generally appeal to the Crown Court as of right, without needing permission. The Crown Court will rehear the case, either in full (for conviction appeals) or by reviewing the sentence, and can confirm, reduce, or in some circumstances increase the sentence originally given. The notice of appeal must usually be lodged within 15 business days of the sentence or conviction, so prompt action is essential.

Appeal by way of case stated, or judicial review If you pleaded guilty, or you are challenging a legal error rather than the facts, such as the Magistrates’ Court acting outside its powers or misapplying the law, a different route applies: an appeal by way of case stated to the High Court, or judicial review. These are more technical routes with their own strict time limits and are generally used where the challenge is to a point of law rather than the facts of the case.

Appealing From the Crown Court

If you were convicted or sentenced in the Crown Court, appeals go to the Court of Appeal (Criminal Division), and the process is more formal.

Appeal against conviction You must apply for permission to appeal, known as leave, generally within 28 days of conviction. Permission is only granted where there are arguable grounds that the conviction is unsafe, for example because of a legal error, flawed jury direction, or fresh evidence.

Appeal against sentence Similarly, you must seek permission to appeal a Crown Court sentence within 28 days, on the basis that it was manifestly excessive or wrong in principle, rather than simply because you consider it too severe in a general sense.

If permission is refused on the papers by a single judge, it is possible to renew the application before the full Court of Appeal, though this carries its own risks and should be discussed carefully with a solicitor, since the court retains the power to make directions about time spent in custody pending appeal in certain circumstances.

What Are the Time Limits for Appealing?

Time limits are strict and vary depending on the route:

• Magistrates’ Court to Crown Court: generally 15 business days from sentence
• Crown Court to Court of Appeal: generally 28 days from conviction or sentence
• Case stated or judicial review: shorter, more technical time limits, often as little as 21 days depending on the route

Late applications are sometimes accepted where there is a good reason for the delay, but this is not guaranteed, and courts apply this discretion sparingly. If you are considering an appeal, treat the clock as already running from the date of conviction or sentence, not from the date you eventually decide to act.

What Happens If I Have New Evidence?

If evidence has emerged since the trial that was not available at the time and could realistically have affected the outcome, this can form the basis of an appeal, particularly to the Court of Appeal. The evidence must generally be credible, relevant, and there must usually be a reasonable explanation for why it was not produced at trial. Simply reconsidering existing evidence in a different light is not the same as genuinely new evidence.

Does an Appeal Guarantee a Better Outcome?

No, and this should be understood clearly before deciding to appeal. On a Crown Court appeal against sentence, the court has the power to reduce the sentence, but in some circumstances it can also confirm it or, exceptionally, increase it if it considers the original sentence too lenient. On a conviction appeal to the Crown Court, the case is reheard and either outcome remains possible. This is why appeals should be pursued on properly identified grounds, with realistic advice about the prospects, rather than as a routine reflex.

What Should You Do If You’re Considering an Appeal?

1. Get advice from a solicitor as soon as possible after conviction or sentencing, given how quickly time limits run
2. Ask for a clear, honest assessment of whether there are arguable grounds, rather than a general sense that the outcome felt unfair
3. Gather any relevant documents, such as the sentencing remarks or trial notes, to help your solicitor assess the case
4. If new evidence has come to light, provide full details, including why it was not available at the original hearing
5. Understand the possible outcomes, including the risk that a sentence appeal could, in limited circumstances, result in the sentence being increased rather than reduced

Getting Advice on an Appeal

Appeals are governed by strict procedure and even stricter time limits, and the earlier proper advice is obtained, the better the prospects of meeting those deadlines and identifying genuine grounds. Satchell Moran Solicitors’ criminal defence team advises on appeals against conviction and sentence from both the Magistrates’ Court and the Crown Court, including cases involving assault offences. The firm holds dual Lexcel accreditation, reflecting recognised standards in legal practice and client care, and has over 30 specialist solicitors across its practice areas.

If you are considering an appeal, contact a solicitor without delay, since the time limits for lodging an appeal begin running immediately from the date of conviction or sentence.