Expert Criminal Appeal Solicitors

Appealing Convictions in the Crown Court

If you were convicted of an offence in the Crown Court, you do not have an automatic right of appeal. This means that, unlike in the Magistrates’ Court, you can only appeal against your conviction if you are given permission to do so. However, you can seek permission to appeal your conviction regardless of whether you pleaded guilty or not guilty to the offence. If you are granted permission to appeal, the appeal would be made to the Court of Appeal.

How Do I Seek Permission to Appeal?

When you wish to appeal against a conviction in the Crown Court, you must seek permission from the Court of Appeal within 28 days from the date of your conviction. Unlike appeals in the Magistrates’ Court, you do not have to wait to be sentenced. This is done by completing an application for permission to appeal against conviction, and submitting this to the Court of Appeal along with a document specifying the grounds of appeal, i.e. why you feel that you were wrongfully convicted. There are a number of recognised ‘grounds’ of appeal, including:

• the Crown Court judge made an incorrect legal ruling;
• the Crown Court judge misdirected the jury;
• there was misconduct by the Prosecution;
• the Prosecution failed to disclose evidence;
• the Defence lawyers provided poor legal representation; or
• fresh evidence has come to light.

Importantly, it is not possible to appeal conviction on the basis that the jury got it wrong. In terms of fact, the jury’s decision is final. If the jury decides, on the basis of the evidence, that you are guilty of the offence, and there are no other issues, your conviction cannot be appealed. This is different to appealing a conviction in the Magistrates’ Court which can be done on the basis that the Magistrates made the wrong decision based on the evidence.

If an appeal is not lodged within the 28-day time limit, the Court of Appeal may extend the time limit. The time limit may also be extended before the 28 days have expired. However, the Court of Appeal will only grant such an extension where there is good and exceptional reason for an appeal to be made outside of the time limit.

Will I Get Permission to Appeal?

The decision whether to grant you permission to appeal against your conviction will be made by a single judge either of the Court of Appeal or the High Court. The key question is whether your appeal is reasonably arguable. This will turn on whether the arguments put forward in your grounds of appeal suggest that your conviction might have been ‘unsafe’, which essentially means that there may be some doubt as to whether the Crown Court were right to convict you.

This can mean that in some cases, although the Court of Appeal agrees that the Judge got something wrong in your trial, they can still find that it does not impact on the safety of your conviction.

If the arguments put forward in your grounds of appeal do not lead the judge to have any doubt that you should have been convicted, you will be denied permission to appeal. However, if the judge has some doubt as to whether the Crown Court was correct to convict you, you must be granted permission to appeal. Where the judge thinks that only some of your grounds of appeal cast doubt on your conviction, you might only be granted permission to appeal your conviction on those grounds, and not others which you may have put forward.

Where you are denied permission to appeal at the initial stage by a single judge, you may renew your application to the full Court of Appeal for permission to appeal your conviction. You can also do this if the judge grants you permission to appeal your conviction on some grounds, but not others. Any such application must be made within 14-days of the single judge refusing or granting permission.

If you are denied permission to appeal, the Court of Appeal may make a ‘loss of time’ order against you. This means that any time you served in custody pending determination of the appeal would not be treated as part of your sentence. As such, your sentence would, in effect, be extended. For this reason, it is essential that an application to appeal against your conviction is only made where there is a real chance of success. You should therefore seek advice from criminal defence solicitors who specialise in appeals as soon as possible.

Can I Change My Mind?

If you have started the process to appeal against your conviction in the Crown Court, you can apply to stop your appeal at any time. You must send a ‘notice of abandonment of appeal’ to the Criminal Appeal Office. However, your appeal cannot usually be restarted once this notice has been submitted, and thus you should seek specialist legal advice from expert criminal appeal solicitors before doing this.

If I am Denied Permission to Appeal, Can I Reapply?

If a single judge refuses you permission to appeal your conviction, and you do not renew your application to the full Court of Appeal, you cannot apply for permission to appeal for a second time.

Similarly, where you renew your application to the full Court of Appeal and you are denied permission to appeal for a second time, you cannot reapply for permission to appeal.

These decisions are final, and you cannot appeal them. Only in exceptional circumstances will the Court of Appeal re-open a decision to refuse you permission to appeal. Thus, in almost every case, where you are denied permission to appeal, your only option is to apply to the Criminal Cases Review Commission who may decide to refer your appeal to the Court of Appeal themselves. However, the decision whether to make a referral is entirely discretionary.

What Happens at the Appeal?

In an appeal against conviction by the Crown Court, the case will be heard by an uneven number of at least three judges sitting in the Court of Appeal. The Court will hear from both the Defence and the Prosecution who will each put forward their case. Thus, the barrister that is representing you will make submissions to the Court on your behalf to explain why your conviction is being appealed. New evidence which was not adduced at the Crown Court trial may be introduced in certain circumstances.

After hearing arguments from both the Defence and the Prosecution, and considering all of the evidence before them, the Court of Appeal will make a decision as to whether your conviction was ‘unsafe’. Your conviction will be deemed unsafe if the Court has real doubts as to whether you were guilty of the offence of which you were convicted. Unlike an appeal against conviction in the Magistrates’ Court, it is not the job of the Court of Appeal to determine whether you are guilty of the offence. Rather, the Court must simply decide, on the basis of the arguments put before them, whether the Crown Court’s decision that you were guilty of the offence could have been wrong.

If the Court determines that your conviction is safe, your appeal will be refused. In this case, your original conviction, and sentence, will stand.

However, if the Court of Appeal decides that your conviction is unsafe, there are several options open to them:

1. The Court may allow the appeal and order that the Crown Court enter a judgment and order of acquittal (effectively recording a Not Guilty verdict).
2. The Court may allow the appeal, quash the conviction, and order that there be a re-trial of your case. The retrial must take place within 2 months, and if it does not, you may apply to the Court of Appeal for the Crown Court to acquit you of the offence.
3. The Court may, where there is an alternative offence available, substitute an alternative conviction (i.e. order that you be convicted of manslaughter instead of murder).

If you were given a single sentence by the Crown Court for multiple offences, and the Court of Appeal allows your appeal against conviction for some, but not all, of those offences, the Court may re-sentence you for the offences of which you remain convicted. This will allow the Court to adjust your original sentence to reflect the fact that your conviction for some of the offences has been quashed.

If the Appeal is Unsuccessful, Can I Appeal Again?

If the Court of Appeal refuses your appeal against conviction, you may be able to appeal this decision to the Supreme Court. However, as this is the highest court in England and Wales, appeals to the Supreme Court are limited to exceptional cases of general public importance.

Thus, an appeal to the Supreme Court will only possible if:

1. the Court of Appeal certifies that a point of law of general public importance was involved in its decision; and
2. you are granted permission to appeal, which will only be done where it appears that the Supreme Court ought to consider the point of law.

Any application to the Court of Appeal for permission to appeal to the Supreme Court must be done within 28 days of the Court of Appeal determining your appeal against conviction, or if reasons are given by the Court after its decision, within 28 days of those reasons being given.

If the Court of Appeal refuses you permission to appeal to the Supreme Court, you may seek permission from the Supreme Court within 28 days of that refusal.

The appeals process can become remarkably complex and difficult to navigate as your case progresses through higher courts. At JD Spicer Zeb Solicitors, we can support and advise you from the moment you launch your appeal to ensure that you are prepared and equipped to secure the best outcome possible.

Appealing a Sentence

Justice is not simply served upon conviction, but carries right through to sentence. It is important that, when you are convicted of an offence, you receive a fair and proportionate sentence. We understand that your case is unique and should turn on its own facts. As such, there may be several reasons why you feel that your sentence was unjust, including that:

• the Court imposed the wrong type of sentence;
• the Court imposed a sentence which was too long;
• the Court made an Order which was unjust; or
• the Court imposed a financial penalty that was too high.

If you have received a sentence following conviction which you believe was too harsh, you may be able to appeal against your sentence depending on the circumstances of your case. As with appeals against conviction, the appeal process differs depending on which type of Court you were sentenced in.

Appealing Sentences in the Magistrates’ Court

If you were sentenced by a Magistrates’ Court, you have an automatic right of appeal. This means that, if you feel that you received a sentence which was too harsh, you can always have the decision of the Magistrates’ Court reviewed. You do not have to explain your reasons or justify your decision in order to ‘earn’ the right to appeal.

How Do I Appeal?

When you appeal against a sentence in the Magistrates’ Court, the appeal would be made to the Crown Court and must be made within 15 working days of sentence in the Magistrates' Court by completing a ‘notice of appeal’. A notice of appeal will set out the issues in your case which form the basis of your appeal, i.e. why you feel that you received an unjust sentence. If an appeal is not lodged within the time limit, an application to appeal may still be made, but permission to appeal would have to be requested from the Crown Court which may not be granted.

Can I Change My Mind?

If you have started the process to appeal against your sentence in the Magistrates’ Court, you can apply to stop your appeal as long as your appeal hearing has not yet taken place. You must send a ‘notice of abandonment of appeal’ to the Magistrates’ Court that sentenced you and the Crown Court where your appeal was due to be heard. However, your appeal cannot be restarted once this notice has been submitted, and thus you should seek specialist legal advice from expert criminal appeal solicitors before doing this.

What Happens at the Appeal?

In an appeal against sentence by the Magistrates’ Court, the Crown Court will hold a rehearing, which is a brand new sentencing hearing for your case. Both the Prosecution and the Defence can call the same evidence as before, but they can also add new evidence that was not presented at the original sentencing hearing. Thus, it is critical that you instruct specialist criminal appeal solicitors who can ensure that your mitigation is well-prepared and tailored to the specific facts of your case in order to provide you with the best chance of success in your appeal.

As with an appeal against conviction, the decision on your sentencing appeal is made by a Crown Court judge, usually sitting with two magistrates. None of these people will have taken part in the original proceedings in the Magistrates’ Court.

The Crown Court will engage in a two-stage exercise during the sentence appeal. First, the Court will consider the evidence presented to it and formulate its own view of the appropriate sentence you should receive. Second, the Court will compare its own sentence with the sentence passed by the Magistrates’ Court.

If the sentence passed by the Magistrates’ Court differs to a ‘significant degree’, the Crown Court will allow the appeal. The Court will then re-sentence you for the offence, which will, in accordance with logic, result in a sentence which is less severe than the original sentence which you successfully appealed against.

However, if the Crown Court decides that the sentence passed by the Magistrates’ Court does not differ to a ‘significant degree’, your appeal will be dismissed and your original sentence will stand. This is the case even if the Crown Court determined that the appropriate sentence was lower than the original sentence. The difference in the sentences must be ‘significant’ for the appeal to succeed.

It is really important to note that if you lose the appeal, the Crown Court can increase your sentence and impose additional costs. As such it is essential that you take expert advice.

If the Appeal is Unsuccessful, Can I Appeal Again?

If you think that the outcome of your appeal to the Crown Court was wrong, it may be possible to appeal this decision to the High Court. However, there are strict circumstances in which this can be done, such as where there has been an error of law. Given the emphasis on legal technicalities, we advise you to contact expert criminal appeal solicitors as early in the appeals process as possible.

An application to challenge the Crown Court decision on your sentence appeal must be made to the Crown Court within 21 days of the appeal being decided. The decision whether the appeal should be referred to the High Court will be made by the Crown Court.

If the Crown Court decision on your sentence appeal cannot be appealed to the High Court, it is possible to apply to the Criminal Cases Review Commission, who can refer your appeal back to the Crown Court to be determined again. However, it is ultimately their decision whether to do so.

Appealing Sentences in the Crown Court

If you were sentenced for an offence in the Crown Court, you do not have an automatic right of appeal. This is the case even if you were convicted by a Magistrates’ Court. This means that you can only appeal against your sentence if you are given permission to do so. If you are granted permission to appeal, the appeal would be made to the Court of Appeal.

How Do I Seek Permission to Appeal?

When you wish to appeal against a sentence imposed by the Crown Court, you must seek permission from the Court of Appeal within 28 days from the date of your sentencing. This is done by completing an application for permission to appeal against sentence, and submitting this to the Court of Appeal along with a document specifying the grounds of appeal, i.e. why you feel that your sentence is unjust. There are three key recognised ‘grounds’ of appeal:

• The sentence is not justified by law – this is where the sentence exceeds the maximum sentence laid down by law or does not comply with a statutory requirement
• The sentence is manifestly excessive – this is where the sentence is outside the appropriate range of sentences that may be imposed in the circumstances of the particular case
• The sentence is wrong in principle – this can refer to a wide range of circumstances, such as where a custodial sentence was imposed when not absolutely necessary

If your appeal is not lodged within the 28-day time limit, the time limit may be extended by the Court of Appeal. This can also be done prior to the 28 days expiring. However, such an extension will only be granted by the Court of Appeal where there is good and exceptional reason for an appeal to be made outside of the time limit.

Will I Get Permission to Appeal?

As with an appeal against conviction, the decision whether to grant you permission to appeal against your sentence will be made by a single judge either of the Court of Appeal or the High Court. The key question is whether your appeal is reasonably arguable. In an appeal against sentence, this will turn on whether the arguments put forward in your grounds of appeal suggest that your sentence may not have been justified by law, may have been manifestly excessive, or may have been wrong in principle.

If the arguments put forward in your grounds of appeal do not lead the judge to have any concern that your sentence may have been manifestly excessive, wrong in principle, or not justified by law, you will be denied permission to appeal. However, if the judge believes that your sentence may well suffer from any of these defects, you must be granted permission to appeal. Where the judge thinks that only some of these grounds of appeal are relevant to the correctness of your sentence, you might only be granted permission to appeal your sentence on those grounds, and not others which you may have put forward.

Where you are denied permission to appeal at the initial stage by a single judge, you may renew your application to the full Court of Appeal for permission to appeal your sentence. You can also do this if the judge grants you permission to appeal your sentence on some grounds, but not others. Any such application must be made within 14-days of the single judge refusing or granting permission.

If you are denied permission to appeal, the Court of Appeal may make a ‘loss of time’ order against you. This means that any time you served in custody pending determination of the appeal would not be treated as part of your sentence. As such, your sentence would, in effect, be extended. For this reason, it is essential that you only make an application to appeal against your sentence where there is a real chance of success. We therefore strongly advise you to seek advice at the earliest opportunity from specialist criminal solicitors who have expertise in appeals.

Can I Change My Mind?

If you have started the process to appeal against your sentence in the Crown Court, you may apply to stop your appeal at any time. In order to do this, you should send a ‘notice of abandonment of appeal’ to the Criminal Appeal Office. It is important to note that your appeal cannot usually be restarted once this notice has been submitted, and thus you should consult criminal defence solicitors who have experience in appeals before going down this route.

If I am Denied Permission to Appeal, Can I Reapply?

If a single judge has denied you permission to appeal your sentence, and you do not renew your application to the full Court of Appeal, it is not possible to apply for permission to appeal for a second time.

In the same vein, where you renew your application to the full Court of Appeal and you are also denied permission to appeal by them, you cannot reapply for permission to appeal.

These decisions are final, and thus it is not possible to appeal them. The Court of Appeal will only re-open a decision to refuse you permission to appeal in exceptional circumstances. As such, where you are denied permission to appeal, usually your only option will be to apply to the Criminal Cases Review Commission who can decide to refer your appeal to the Court of Appeal themselves. However, there is no guarantee that this decision will be made.

What Happens at the Appeal?

In an appeal against sentence by the Crown Court, the case will be heard by an uneven number of at least three judges sitting in the Court of Appeal. The Court will hear from both the Defence and the Prosecution who will each put forward their case. The barrister representing you will make submissions to the Court on your behalf to explain why your sentence is being appealed. New evidence which was not adduced at the Crown Court trial may be introduced in certain circumstances.

After hearing arguments from both the Defence and the Prosecution, and considering all of the evidence before them, the Court of Appeal will make a decision as to whether your sentence was not justified by law, manifestly excessive, or wrong in principle.

If the Court of Appeal decides that the sentence imposed by the Crown Court suffers from any of these defects, it may quash the sentence and substitute it for a sentence it considers is appropriate in the circumstances, provided that the Crown Court could have passed that sentence. This sentence will be fairer than the original sentence.

If the Appeal is Unsuccessful, Can I Appeal Again?

If your appeal against sentence is dismissed by the Court of Appeal, you may be able to appeal this decision to the Supreme Court. However, as aforementioned, appeals to the Supreme Court are limited to exceptional cases of general public importance.

Thus, you will only be able to appeal the decision on your sentence to the Supreme Court if:

1. the Court of Appeal certifies that a point of law of general public importance was involved in its decision; and
2. you are granted permission to appeal, which will only be done where it appears that the Supreme Court ought to consider the point of law.

If you wish to apply to the Court of Appeal for permission to appeal to the Supreme Court, this must be done within 28 days of the Court of Appeal determining your appeal against sentence, or giving reasons for its decision if this is done at a later date.

Where the Court of Appeal refuses you permission to appeal to the Supreme Court, you can seek permission from the Supreme Court provided this is done within 28 days of that refusal.

At JD Spicer Zeb Solicitors, we have significant experience navigating our clients’ cases through the appeals process and advising them on the merits of their appeal as well as the best courses of action to take. We understand that the appeals system can be daunting, but we are passionate about ensuring that justice is served in each and every one of our clients’ cases, and are committed to supporting you throughout the process.

Our Criminal Appeal Expertise

Have you been convicted of a crime you did not commit? Perhaps you have received a prison sentence which was unwarranted? Or have you been sentenced to a lengthy term of imprisonment which you think is unjust?

We offer an Enhanced Private Service for clients who wish to launch appeals against their convictions or sentences. We know how confusing, upsetting, and stressful it can be to feel as though the justice system has failed, and to find yourself having to fight for what is right.

Whatever situation you find yourself in, clear legal advice from an experienced criminal defence lawyer who specialises in appeals is essential to protect your rights and help you secure the best possible outcome.

At J D Spicer Zeb, our specialist criminal lawyers have achieved an exceptional track record of success for our clients in appeals against both conviction and sentence.

We regularly support clients who are appealing the outcome of their Magistrates’ and Crown Court cases, and have frequently represented our clients in cases which have reached the Court of Appeal.

How Can We Help You?

There is limited recourse for you if you are wrongly convicted or sentenced. The best thing you can do is to instruct an excellent solicitor from the outset of your appeal.

Our team regularly help clients by advising them on their appeal prospects, lodging their appeals, and instructing leading barristers to represent them in Court. We have a strong record of successfully appealing the unjust convictions and sentences of our clients. However, even where appeals have been unsuccessful, our clients have felt comforted knowing that our firm did everything possible in their favour.

When you work with our criminal defence experts, we will make sure that you clearly understand your legal position and defence options, while giving you sympathetic personal support throughout what can be a very challenging appeal process.

It is important to us that everyone who needs our legal expertise can access it, so we are always available in person and over the phone, and we can visit you in prison if required.

Our highly experienced criminal defence appeal solicitors offer:

• 24/7 Legal Support in Person and over the Phone, 365 days a year
• Representation Anywhere in England or Wales
• Accredited Police Station Representatives to Support you during a Police Interview
• Clear, Effective Legal Advice in any Language (see our languages spoken)

So, if you are seeking to appeal your conviction or sentence, or if you need to get a clear understanding of your legal position, please get in touch with our specialist criminal defence solicitors now.

Our criminal defence experts will speak with you in plain English to ensure that you fully understand and the criminal proceedings and are able to make the right decisions for you.

Our Criminal Defence Expertise

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

• Sexual Offences
• Assaults, from Common Assault to Grievous Bodily Harm (GBH)
• Theft, Burglary and Robbery
• Benefit Fraud
• Serious Fraud
• White Collar Crime
• Conspiracies
• Cyber Crime
• Public Order Offences
• Driving Offences
• Youth Crime
• Murder
• Manslaughter
• Serious Crime
• Firearms
• Drugs Offences
• Human Trafficking
• Terrorism
• Money Laundering
• Extradition
• Breach of Court Orders (including Non-Molestation Orders and Restraining Orders)

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

Funding your Criminal Defence

At present we are only taking on those clients in appeal cases who are seeking our private premium service. We will not take on any case unless we are sure that we have the capacity to give it the care and attention it requires. We would be able to advise you on this after we have gained more information on your case and assessed the merits and your position. Please do get in touch and we will provide you with advice where required.

Funding Appeals from the Magistrates’ Court

If you have been convicted or sentenced in the Magistrates’ Court and are seeking an appeal, we can offer an initial conference to discuss the appeal process and establish the facts and history of the case. We will then work closely with you to prepare your appeal case and instruct a barrister to represent you in your appeal hearing at Court.

We are committed to being as up-front and transparent about costs as possible. Thus, whilst the fees for appeal cases are not straightforward, we provide the following rough estimates to assist you:

Sentence Appeal Work –

• Initial Conference/preparation with us – from £750 + VAT for up to 3 hours
• Our Fee to appeal and advise – from £2,000 + VAT
• Barrister Fee – from £500 + VAT

Conviction Appeal Work –

• Initial Conference with us – from £750 + VAT for up to 3 hours
• Our Fee to prepare appeal – from £5,000 + VAT
• Barrister Fee – from £2,000 + VAT

The above is a basic guide only. The hours will be agreed. This is not a formal estimate.

Funding Appeals from the Crown Court

Where you are seeking an appeal against a conviction or sentence by the Crown Court, there is a significant amount of work required, especially in the case of conviction appeals. Due to the complexity of these appeals, barristers are more heavily involved in the preparation of the case, not simply the representation at Court. As such, costs are increased.

Our commitment to cost transparency is strong. We therefore provide the following rough estimates as a guide to assist you, however please note that these are subject to variation depending on the specifics of the case:

Sentence Appeal Work –

• Initial Conference with us /preparation – from £1,000 + VAT for up to 4 hours which will be to establish basic facts.
• Our ongoing Fee – from £2,500 + VAT (hours to be agreed)
• Barrister Fee – from £2,500 + VAT (scope of work to be agreed)

Conviction Appeal Work –

• Initial conference and work to Establish Grounds of Appeal – from £5,000 + VAT (hours to be agreed)
• Barrister Fee for Initial Stage – from £3,000 + VAT or £8,500 + VAT for a Kings Counsel (KC)
• Barrister Fee – from £10,000 to £25,000 + VAT for a Kings Counsel (KC)

The above is a basic guide only.

Prison visits are only covered where indicated in the formal estimate in writing to you.

If you would like to discuss private funding of your criminal appeal case please contact us.

Contact our Criminal Defence Appeal Solicitors Today

For urgent specialist advice, immediate representation, or to speak to us confidentially about a potential appeal against conviction or sentence, you can contact our criminal defence appeal team by telephone on:

• Brent & Camden London Office: 020 7624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 - Our senior Solicitors and Partners can meet by appointment in the City

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

Get immediate legal advice 24/7, 365 days a year

 For immediate representation and advice, you can contact our Emergency Number: 07836 577 556 and we will provide you with the urgent assistance you need.