Appeals procedure - Procedure for making an appeal

Learning Outcomes

After reading this article, you will be able to identify the main appeal routes available from both the Magistrates’ Court and the Crown Court, understand the procedural steps and time limits for making an appeal, and explain the grounds on which appeals may be brought. You will also be able to distinguish between appeals on fact, sentence, and law, and advise on the risks and consequences of each route, as required for SQE1.

SQE1 Syllabus

For SQE1, you are required to understand the practical procedures for appealing criminal court decisions. Focus your revision on:

  • The available appeal routes from the Magistrates’ Court and the Crown Court
  • The procedural steps and time limits for lodging appeals
  • The grounds for appeal against conviction and/or sentence
  • The requirement for leave to appeal in certain cases
  • The powers of the appellate courts
  • The limited rights of appeal for the prosecution

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which court hears an appeal against conviction from the Magistrates’ Court on the facts?
  2. What is the time limit for lodging a notice of appeal from the Crown Court to the Court of Appeal (Criminal Division)?
  3. Who can appeal to the High Court by way of case stated from the Magistrates’ Court?
  4. What is the main ground for allowing an appeal against conviction from the Crown Court?

Introduction

Appeals are a key part of criminal procedure, allowing parties to challenge decisions of lower courts. The correct appeal route depends on the court of first instance, the nature of the decision, and the grounds for appeal. For SQE1, you must know the main appeal routes, procedural steps, time limits, and the powers of the appellate courts.

Appeals from the Magistrates’ Court

A defendant convicted in the Magistrates’ Court has two main routes of appeal: to the Crown Court or to the High Court by way of case stated.

Appeal to the Crown Court

This is the standard route for a defendant challenging conviction or sentence.

Key Term: Appeal against Conviction An application by the defendant to challenge a finding of guilt.

Key Term: Appeal against Sentence An application to challenge the punishment imposed after conviction.

Who can appeal?
Only the defendant may appeal to the Crown Court against conviction (after a not guilty plea) or sentence. The prosecution cannot appeal to the Crown Court against acquittal or sentence.

Procedure:

  • The defendant must serve a written notice of appeal on the Magistrates’ Court and the prosecution within 15 business days of sentence.
  • The notice should state whether the appeal is against conviction, sentence, or both.
  • The appeal is a complete rehearing of the case (de novo), heard by a Crown Court judge and two (or up to four) magistrates who were not involved in the original case.
  • New evidence may be introduced.

Powers of the Crown Court:

  • Confirm, reverse, or vary the Magistrates’ Court decision.
  • Substitute a different sentence (but not one more severe than the Magistrates’ Court could have imposed).

Exam Warning

The Crown Court can increase the sentence up to the Magistrates’ Court maximum. Always advise clients of this risk before appealing sentence.

Appeal to the High Court by Way of Case Stated

This route is available to both the prosecution and the defence, but only on a point of law or jurisdiction.

Key Term: Case Stated A formal procedure where the Magistrates’ Court sets out the facts and legal question(s) for the opinion of the High Court.

Procedure:

  • Application to state a case must be made in writing to the Magistrates’ Court within 21 days of the decision.
  • The application must specify the question(s) of law or jurisdiction.
  • The Magistrates’ Court drafts the case, setting out the facts and legal issue.
  • The final case is lodged with the High Court (Divisional Court).

Hearing:

  • The High Court hears legal argument only; no witnesses are called.
  • The court may reverse, affirm, or amend the Magistrates’ Court decision, or remit the case with directions.

Revision Tip

Appeal to the Crown Court = rehearing of facts/sentence (defendant only).
Appeal by case stated = point of law/jurisdiction (either party).

Appeals from the Crown Court

Appeals from the Crown Court (after trial on indictment) are made to the Court of Appeal (Criminal Division).

Appeal Against Conviction

Who can appeal?
Only the defendant may appeal against conviction.

Grounds:
The sole ground for allowing an appeal is that the conviction is unsafe.

Key Term: Unsafe Conviction A conviction the Court of Appeal considers unreliable due to legal error, procedural irregularity, or new evidence.

Procedure:

  • Leave to appeal is required. This may be granted by the trial judge or the Court of Appeal.
  • Notice of appeal must be lodged within 28 days of conviction (or sentence, if appealing sentence).
  • A single judge reviews the application on paper. If refused, the defendant may renew the application to the full court.

Hearing:

  • The Court of Appeal (usually three judges) hears the appeal.
  • The court may allow new evidence only in exceptional cases.

Powers:

  • Dismiss the appeal.
  • Allow the appeal and quash the conviction (acquittal).
  • Allow the appeal and order a retrial (if in the interests of justice).
  • Substitute a conviction for a lesser offence if appropriate.

Appeal Against Sentence

Who can appeal?
Only the defendant may appeal against sentence.

Grounds:
The sentence must be wrong in law, wrong in principle, or manifestly excessive.

Procedure:

  • Leave to appeal is required.
  • Notice of appeal must be lodged within 28 days of sentence.
  • The application is reviewed by a single judge; if refused, it may be renewed to the full court.

Powers:

  • Dismiss the appeal.
  • Quash the sentence and substitute any sentence the Crown Court could have imposed (but not a more severe sentence).

Prosecution Appeals

The prosecution has very limited rights of appeal from the Crown Court:

  • Terminating Rulings: The prosecution may appeal certain rulings that terminate the case.
  • Acquittals: In rare cases, the prosecution may appeal an acquittal for a serious offence if there is new and compelling evidence and the DPP consents.
  • Unduly Lenient Sentences: The Attorney General may refer a sentence to the Court of Appeal if it appears unduly lenient.

Appeals to the Supreme Court

Further appeals from the Court of Appeal (or High Court in case stated appeals) may be made to the Supreme Court, but only on a point of law of general public importance and with leave. These appeals are rare.

Worked Example 1.1

A defendant is convicted of theft in the Magistrates’ Court after a not guilty plea and sentenced to 6 weeks’ imprisonment. He believes the magistrates misunderstood the evidence. What are his appeal options?

Answer: He may appeal to the Crown Court against conviction within 15 business days of sentence. The appeal will be a complete rehearing before a Crown Court judge and two magistrates. If he believes the magistrates made an error of law, he could apply for a case stated to the High Court within 21 days, but this is only for points of law.

Worked Example 1.2

A defendant is convicted of robbery in the Crown Court and sentenced to 7 years’ imprisonment. After 30 days, new evidence emerges that could have affected the verdict. What should the defendant do?

Answer: The defendant should apply for leave to appeal against conviction to the Court of Appeal as soon as possible, explaining the delay and the significance of the new evidence. The ground would be that the conviction is unsafe due to fresh evidence.

Key Point Checklist

This article has covered the following key knowledge points:

  • Appeals from the Magistrates’ Court may be made to the Crown Court (rehearing, defendant only) or the High Court by case stated (point of law, either party).
  • The time limit for appeal to the Crown Court is 15 business days from sentence.
  • The time limit for case stated is 21 days from the decision.
  • Appeals from the Crown Court go to the Court of Appeal (Criminal Division).
  • Leave to appeal is required for Crown Court appeals.
  • The time limit for appeal from the Crown Court is 28 days from conviction or sentence.
  • The ground for appeal against conviction from the Crown Court is that the conviction is unsafe.
  • The Court of Appeal may quash the conviction, order a retrial, or substitute a lesser conviction.
  • The Court of Appeal cannot increase a sentence on a defendant’s appeal.
  • Prosecution appeals are very limited.
  • Further appeals to the Supreme Court require leave and a point of law of general public importance.

Key Terms and Concepts

  • Appeal against Conviction
  • Appeal against Sentence
  • Case Stated
  • Unsafe Conviction
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