Criminal Appeals Solicitors

Appealing convictions in the Magistrates’ Court and Crown Court

How do I appeal?

If you were convicted in either the Magistrates’ Court or Crown Court, there are legal routes to challenge the decision.

For Magistrates’ Court convictions, you have 21 days from sentencing to file a notice of appeal to the Crown Court, explaining why you believe the conviction was wrong. Late appeals may still be accepted, but only with the Crown Court’s permission.

For Crown Court convictions, you must apply for permission to appeal to the Court of Appeal within 28 days. Your application must set out clear grounds for appeal, which may involve judicial error, misdirection of the jury, prosecution or disclosure issues, inadequate legal representation, or new evidence.

Can I change my mind?

If you have begun an appeal against a criminal conviction, you can usually withdraw it, but only in specific circumstances.

Whether your conviction was in the Magistrates’ Court or Crown Court, you can abandon the appeal by submitting a formal notice of abandonment to both the original court and the court due to hear the appeal.

For Magistrates’ Court appeals, this must be done before the appeal hearing. For Crown Court appeals, the process can be stopped at any stage.

Once submitted, the appeal generally cannot be restarted. It is essential to get specialist legal advice before taking this step, as withdrawing an appeal may permanently close off important legal options.

What happens at the appeal?

What happens during your appeal depends on which court convicted you, although the process is more formal than your original trial and the outcome can be significant.

For appeals from the Magistrates’ Court, your case is reheard in full at the Crown Court. This works as a complete retrial, and both the prosecution and defence can introduce new evidence or new witnesses. The hearing is decided by a Crown Court judge and two magistrates who were not involved in your original case.

If the appeal fails, the conviction stands; you may have to pay additional costs, and your sentence could be increased. If the appeal succeeds, the conviction is overturned and the sentence will not be enforced.

For Crown Court convictions, the Court of Appeal will review your case. This is not a retrial. Instead, your barrister will argue that the conviction was unsafe because of judicial error, procedural issues, or new evidence. A panel of at least three judges will examine the legal arguments and the material in the case.

If they decide the conviction is unsafe, they can quash it, replace it with an alternative offence, or order a retrial. If they find the conviction was sound, your appeal will be refused and the original decision and sentence will remain.

If the appeal is unsuccessful, can I appeal again?

If your first appeal is unsuccessful, further options may exist, although they are limited and depend on the court and the legal issues involved.

If your appeal was heard in the Crown Court, you may be able to challenge the decision by asking the High Court to review it. This is only possible where the original appeal involved an error of law. Applications must be made within 21 days and are reviewed by the Crown Court, which will decide whether to refer the case.

If your appeal was refused by the Court of Appeal, you may be able to take the case to the Supreme Court. This is only possible if the Court of Appeal identifies and certifies a point of law of general public importance and grants permission. You may also apply to the Criminal Cases Review Commission, but referrals are rare and made at their discretion.

Appealing sentences in the Magistrates’ Court and Crown Court

How do I appeal?

If you believe your sentence was unjust, you may be able to appeal, but the process and deadlines depend on the court that sentenced you.

If you were sentenced in the Magistrates’ Court, you must appeal to the Crown Court within 15 working days. This requires completing a notice of appeal explaining why the sentence was unfair. If you miss the deadline, you can still ask to appeal out of time, but the court must grant permission.

If your sentence was imposed in the Crown Court, you must apply to the Court of Appeal for permission to challenge it within 28 days. Common grounds include sentences that are unlawful, excessive, or wrong in principle.

The Court of Appeal can extend the deadline in exceptional circumstances, but you must act quickly and ensure your appeal is properly prepared.

Can I change my mind?

If you have begun the process of appealing your sentence, whether from the Magistrates’ Court or the Crown Court, you can apply to withdraw your appeal before it has been heard. This is done by submitting a ‘notice of abandonment of appeal’ to the relevant court.

Once this has been submitted, the appeal cannot usually be restarted, so it is important to seek legal advice before making any final decisions.

Our criminal appeals solicitors can assess your case, explain the implications, and help you avoid making any step that could close off your options unnecessarily.

What happens at the appeal?

When you appeal a sentence from the Magistrates’ Court, your case is reheard in the Crown Court. This is a new sentencing hearing where both sides can rely on the same evidence or introduce new material. It is important to have specialist criminal appeals solicitors who can prepare strong mitigation.

A Crown Court judge and two magistrates, none of whom dealt with your original case, will decide the outcome. They form their own view of the proper sentence and then compare it with the original.

The appeal succeeds only if the new sentence is significantly different. If not, the original sentence remains. The Crown Court also has the power to increase your sentence if justified.

For Crown Court sentences, appeals are heard by at least three judges in the Court of Appeal. Both sides present arguments, and new evidence may be allowed.

The Court will assess whether the original sentence was unlawful, excessive, or wrong in principle. If it was, they can substitute it with a fairer sentence within the permitted sentencing range.

If the appeal is unsuccessful, can I appeal again?

If your Crown Court appeal is unsuccessful, you may be able to challenge the decision in the High Court, but only in very limited situations where there has been an error of law. Because these appeals are highly technical, specialist advice is essential. Applications must be made within 21 days, and the Crown Court will decide whether the case can be referred.

If a High Court appeal is not possible, you may apply to the Criminal Cases Review Commission to have your case reconsidered, although referrals are rare and made at the Commission’s discretion.

If your sentence appeal is refused by the Court of Appeal, you may still be able to appeal to the Supreme Court, but only in exceptional cases that involve a point of law of general public importance. This requires certification from the Court of Appeal and permission to appeal, both subject to strict deadlines.

Fees and funding

If you would like to discuss fees and funding for your criminal appeal case, please contact us. Fees are agreed on a case by case basis, starting from £1,000+VAT.

Related offences

Our dedicated team of criminal appeals lawyers can advise and represent you in appeals against conviction and sentence relating to a wide range of offences, including:

• Drug Offences (from simple possession to possession with intent to supply, drug conspiracies, cultivation and production)
• Sexual Offences and images
• Serious and Violent Crime (including Common Assault, ABH, and GBH)
• Murder & Manslaughter
• Firearms & Knife Offences
• Terrorism
• Serious Fraud
• Driving Offences
• Theft, Burglary and Robbery

To find out more about our criminal defence expertise, please take a look at our case studies.