Appeals

Do I have an automatic right to appeal my conviction and/or sentence in the Magistrates Court?

Yes, if you are unhappy with either a guilty verdict after trial or a sentence which is imposed in the Magistrates’ Court, you have an automatic right of appeal to the Crown Court. To appeal, an appeal form (which can be obtained from the general office at court) must be completed and submitted to the court which heard the original hearing within 21 days from sentence. This 21 day period includes the day which the sentence was given on. If you are found guilty and your case is adjourned for sentence to another day, the time period for appealing the conviction starts from the day of your sentence.

Appeal hearings are a complete re hearing. So if you are appealing a guilty verdict, the entire trial will be held again in front of a Crown Court judge who sits with two lay Magistrates. If you are appealing a sentence this is an entirely new sentencing hearing, again in front of a Crown Court judge and two lay Magistrates.

Do I have an automatic right to appeal my conviction and/or sentence in the Crown Court?

No, to appeal a Crown Court conviction the safety of the conviction must be called into question. You must apply to the Court of Appeal (criminal division) for permission to appeal. This might be through disagreeing with a legal decision which the judge made, or by a procedural problem. Occasionally appeal points arise from the fairness of the judicial summing up of the case.

Equally, to appeal a sentence which has been imposed by the Crown Court permission must be sought from the Court of Appeal (criminal division). Again there needs to be grounds to appeal, such as the sentence being manifestly excessive or wrong in principle / law. There is a strict time limit on appeals from the Crown Court, and the relevant appeals forms must be lodged within 28 days.

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