Four grounds for appeal and the process that follows a criminal conviction

An appeal challenges a conviction or sentence handed down by a lower court. The Court of Appeal (Criminal Division) hears appeals from Crown Court, while the Crown Court hears appeals from magistrates' courts. HS Criminal Law sets out the grounds that give an appeal a realistic chance, the time limits that govern each stage, and what an appeal court can actually do with your case.

Grounds accepted by the Court of Appeal

The court will only hear an appeal if it identifies an arguable ground. A disagreement with the verdict alone is not enough. The ground must point to a legal error or a process failure serious enough to make the conviction unsafe.

Errors of law

The judge misdirected the jury on a point of law, excluded admissible evidence, or admitted evidence that should have been ruled out. A misdirection on self-defence, joint enterprise or the burden of proof falls into this category. If the jury heard the wrong legal test, the conviction may not stand.

Fresh evidence

New evidence has emerged that was not available at trial and could not have been discovered with reasonable diligence. The evidence must be credible and capable of making a material difference. Witness statements that surface months later, expert reports that correct flawed forensic findings, or CCTV footage that contradicts the prosecution timeline qualify when they meet both conditions.

Procedural irregularity

The trial process broke down in a way that undermined fairness. Jury misconduct, a biased judge, failures in disclosure by the prosecution, or breaches of the right to a fair hearing under the European Convention on Human Rights are recognised grounds. The irregularity must be substantial, not a minor slip that did not affect the outcome.

Unsafe conviction

Even without pinpointing a specific error, the court may conclude that the conviction is unsafe when viewed as a whole. Weak evidence, inconsistent witness testimony, or a prosecution case that relied on assumptions rather than proof can render a guilty verdict unsound. This ground is harder to establish but remains open when the cumulative effect of smaller issues creates doubt.

Time limits and how to apply

An appeal must be lodged within strict deadlines. Missing them does not end the matter, but the court will only grant an extension if there are exceptional reasons for the delay.

Crown Court appeals

You have 28 days from the date of conviction or sentence to file a notice of appeal. The notice is submitted to the Crown Court where you were convicted, and the Criminal Appeal Office receives it. A single judge reviews the application on paper first. If leave is refused, you can renew the application to a full court within 14 days.

Magistrates' court appeals

An appeal to Crown Court must be lodged within 21 days of sentence. This route is a complete rehearing of the case, not a review of the lower court's decision. The Crown Court can confirm, reverse or vary the conviction or sentence. No leave is required, and the threshold is lower than an appeal to the Court of Appeal.

Extending the deadline

If the deadline has passed, you must apply for an extension and explain why the delay occurred. Medical emergencies, failures by legal representatives, or late disclosure of information that supports an appeal may justify an extension. General dissatisfaction with the outcome or a change of mind about pleading guilty do not.

Steps to lodge an appeal

The process follows a fixed sequence, and each step builds the case for a hearing. Skipping or rushing any of them weakens the application.

1. Obtain the transcripts of your trial or sentencing hearing from the court where you were convicted. These are essential for identifying errors and drafting grounds of appeal.
2. Instruct a solicitor with experience in criminal appeals. They will review the trial record, assess the strength of the grounds, and advise whether an appeal is realistic.
3. Draft and file the notice of appeal, setting out each ground in detail. The notice must explain what went wrong and why it makes the conviction unsafe. Vague or general complaints are rejected at the first stage.
4. Wait for the single judge's decision. If leave is granted, the case moves to a full hearing. If refused, decide within the 14-day renewal window whether to proceed to a full court.
5. Prepare for the hearing by reviewing the evidence, consulting counsel, and responding to any directions from the court. The appellant's legal team submits written arguments, and the prosecution responds.

What the Court of Appeal can decide

The court has several powers once it hears the case. It does not retry the facts or hear witnesses afresh; it reviews the record of the lower court and decides whether the conviction or sentence should stand.

The court can allow the appeal and quash the conviction, which clears your record of that offence. It can dismiss the appeal, leaving the conviction and sentence unchanged. It can order a retrial if the interests of justice require the case to be heard again before a fresh jury. It can also substitute a different verdict where the trial jury could have convicted you of a lesser offence, or vary the sentence if the appeal relates only to sentencing rather than conviction.

The court cannot increase a sentence on a conviction appeal unless the prosecution has applied for the sentence to be reviewed separately under the unduly lenient sentence scheme. This protection means appealing a conviction does not put you at risk of a harsher penalty.

Appealing against sentence alone

You can appeal a sentence without challenging the conviction. The grounds focus on whether the sentence was manifestly excessive, wrong in principle, or failed to reflect mitigating factors. A failure to credit a guilty plea, the imposition of an immediate custodial term when a suspended sentence was appropriate, or a punitive element that exceeded sentencing guidelines may justify an appeal.

The same time limits apply. The notice of appeal must identify the specific error in sentencing, not simply argue that the term feels too long. The court examines whether the sentencing judge followed the correct procedure and applied the law properly. If you were sentenced for multiple offences and some were dealt with correctly, the court can adjust individual terms while leaving others intact.

Legal aid and representation

Most appellants qualify for legal aid to cover the cost of preparing and arguing an appeal. The eligibility test considers your income and capital, but the threshold is higher than for trial representation because the stakes remain serious. If you represented yourself at trial, legal aid for the appeal is still available where the case meets the merits test.

Engaging a solicitor early improves the quality of the appeal. They will identify the strongest grounds, gather supporting material, and present the case in the form the Court of Appeal expects. Self-representation at appeal stage is rarer than at trial, and the procedural complexity makes professional advice valuable. You can read more about securing legal aid support in our guide to criminal legal aid eligibility.

Common reasons appeals fail

Many applications are refused at the first stage because the grounds do not meet the threshold. A belief that the jury got it wrong is not, by itself, a ground of appeal. The court does not reassess credibility or reweigh evidence unless a legal error made the trial unfair.

Late applications without a compelling reason for delay are routinely dismissed. Weak or speculative grounds that amount to dissatisfaction rather than legal error will not persuade a single judge to grant leave. Failure to obtain transcripts or instruct a solicitor leaves the appellant unable to identify specific mistakes in the proceedings. Appeals that rest on hindsight or regret over tactical decisions made during the trial face a high bar, because the court distinguishes between an error and a choice that did not work out.

After the appeal is decided

If the conviction is quashed, the case ends unless the prosecution applies for a retrial. You are treated as if you were never convicted of that offence. If the court orders a retrial, the case returns to Crown Court and a new jury hears the evidence. If the appeal is dismissed, the conviction stands and you must serve the sentence imposed. A further appeal to the Supreme Court is possible only if the Court of Appeal certifies that the case raises a point of law of general public importance, and either that court or the Supreme Court grants permission.

Starting this week

An appeal is not a second trial, and the window to act is narrow. Recognising the difference between regret and a genuine ground puts you in a stronger position.

• Request trial transcripts from the court within days of conviction.
• Consult a solicitor with appellate experience before the deadline passes.
• Write down every concern about the trial while the details are fresh.
• Check the date you were sentenced and count forward to find your deadline.

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