Appealing a conviction or sentence
From the magistrates' court, a defendant can appeal to the Crown Court without permission, within 15 business days of sentence. From the Crown Court, an appeal to the Court of Appeal needs permission and the notice must normally be served within 28 days of conviction or sentence.
From the magistrates' court
- To the Crown Court (Magistrates' Courts Act 1980 s.108). A defendant who pleaded not guilty can appeal against conviction, sentence or both; one who pleaded guilty can appeal against sentence only. No permission is needed. The appeal notice must be served within 15 business days of sentence (Criminal Procedure Rules 2025 r.34.2); a late notice needs an application to extend time.
- A conviction appeal is a full rehearing before a judge sitting with magistrates (usually two). The Crown Court can increase the sentence, but only up to what the magistrates could have imposed (Senior Courts Act 1981 s.48).
- To the High Court on a point of law, by case stated (s.111, within 21 days) or by judicial review. Applying for case stated ends the right to appeal to the Crown Court.
- The Courts and Tribunals Bill, before Parliament in November 2026, would require permission for these appeals. It is not yet law.
From the Crown Court
- To the Court of Appeal (Criminal Division) (Criminal Appeal Act 1968 s.1 for conviction, s.9 for sentence). Permission (leave) is needed from the single judge unless the trial judge certifies the case fit for appeal. A refused application can be renewed to the full court. The notice and grounds must be served within 28 days of conviction or sentence (s.18; Criminal Procedure Rules 2025 r.39.2). Time can be extended only for good reason.
- A conviction appeal succeeds only if the court thinks the conviction is unsafe (s.2), for example because of a misdirection, wrongly admitted evidence, unfairness or fresh evidence (s.23).
- A sentence appeal succeeds if the sentence is wrong in principle or manifestly excessive. On a defendant's appeal the court cannot make the sentence more severe overall (s.11(3)).
- Renewing an application without merit risks a loss of time order, so that time in custody does not count towards the sentence (s.29).
- The Law Officers can also refer certain Crown Court sentences as unduly lenient, normally within 28 days, and the Court of Appeal can then increase them (Criminal Justice Act 1988 s.36).
After appeals are exhausted
The Criminal Cases Review Commission can refer a conviction or sentence from either court back for appeal where there is a real possibility it would not be upheld, usually because of new evidence or argument (Criminal Appeal Act 1995 s.13). Normally an appeal must have been decided or refused first.
In practice
Time limits are short, so grounds should be identified quickly, usually with advice from trial counsel.
Authorities: Magistrates' Courts Act 1980 ss.108, 111; Senior Courts Act 1981 ss.48, 74; Criminal Appeal Act 1968 ss.1, 2, 9, 11, 18, 23, 29; Criminal Justice Act 1988 s.36; Criminal Appeal Act 1995 s.13; Criminal Procedure Rules 2025 (SI 2025/909) rr.34.2, 39.2; CPS legal guidance, Appeals to the Court of Appeal; Courts and Tribunals Bill 2026-27 (not enacted)