Appealing a Conviction or Sentence

Appealing a Conviction or Sentence in the Magistrates Court


A person convicted by a Magistrates' court following a plea of not guilty may appeal to the Crown Court against their conviction and/or their sentence within 21 days. This process is started by providing notice to the Magistrates' Court and Crown Prosecution Service that you intend to appeal the decisions made. 


Provided that this notice is given within the time frame where is no need to obtain permission to appeal. However, if you want to appeal outside of the 21 day time frame, permission to appeal must be obtained from the Crown Court.


Our team of experienced lawyers will draft all required notices and applications on your behalf and obtain the necessary papers to pursue the appeal, such as notes from the previous trial and all evidence in respect of your case which will be given careful consideration.


Appealing a sentence follows a similar process albeit the hearing will be to consider sentence only, with the prosecution outlining the facts of the case and your previous convictions (if any), and we will strongly mitigate on your behalf with the aim to be to achieve a fair and lesser sentence.

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Appealing a Conviction or Sentence in the Crown Court


If you have been convicted of an offence in the crown court you may appeal against your conviction and/or sentence but only with leave of the Court of Appeal. No leave will be required if the trial judge has granted a certificate to say that the case is fit for an appeal to be pursued, this is rare.


To obtain leave to appeal an application must be made within 28 days of conviction or sentence to the Registrar of Criminal Appeals, along with a written document referred to as the Grounds to Appeal which is drafted by your lawyers.  This document contains the reasons as to why we believe your case should be heard by the Court of Appeal and will be considered by a Single Judge at the Court of Appeal who determines whether there are grounds, before it goes to the full court for the outcome to be determined.

Grounds to Appeal Conviction

A conviction can be appealed where it is found to be unsafe, grounds which may give rise to an unsafe conviction include:


  • Wrongful admission or exclusion of evidence;
  • Failure to properly exercise judicial discretion; 
  • Conduct of the trial judge;
  • Errors in the trial judge's summing up;
  • Problems associated with jurors.

What Will Happen If My Appeal Application is Successful?


In deciding the appeal, the Court of Appeal may:


  • quash the conviction and, in effect, order an acquittal;
  • quash the conviction and order a re-trial;
  • or dismiss the appeal


Grounds to Appeal Sentence

The grounds on which an appeal against sentence may be allowed are:


  • that the judge erred on a matter of principle;
  • that the sentence is manifestly excessive; or
  • that the sentence was wrong in law.


How Eventum Legal Can Help You


Let us take the stress out of your appeal. Our team of specialist lawyers are dedicated to ensuring a fair justice process for all, being wrongly convicted or sentenced way beyond what you were advised to expect can be devastating and life changing. We are here to provide you with the support and expertise to challenge unjust decisions that may have been made in your case.


We will examine your case from start to finish and scrutinise any areas in which grounds to appeal may be evident. We work with some of the country's very best barristers and have a proven track record in successfully appealing convictions and sentences. Contact us today for free non judgemental and confidential advice.


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