Appeals
Magistrates' Courts
If the conviction is disputed, the whole trial will be heard again at the Crown Court in front of a judge and two magistrates. If only the sentence is in dispute, it will be for a Crown Court judge to consider your appeal. He or she may increase the sentence, reduce it or leave it as it is.
If your solicitor believes that the magistrates have reached the wrong decision because they misinterpreted the law, the case may be appealed to the High Court which will decide whether the magistrates were right or not. If the High Court decides they were wrong it can order the magistrates to change their verdict. This does not involve a re-trial.
If your appeal is unsuccessful you can make an application to the Criminal Cases Review Commission, which considers cases of alleged miscarriages of justice that have been through the appeal process. They can refer the case back to the Court of Appeal if they consider it likely that a conviction or sentence would not be upheld. This only occurs in a very small number of cases.
Your solicitor can advise you on possible appeals against your sentence.
Crown Court
If you are convicted in a Crown Court, you can appeal against your sentence or conviction. You will need to appeal to the Crown Court within 28 days by submitting a Form NG (Notice and Grounds). Your legal team will discuss the option to appeal with you as soon as you are convicted. You can obtain the form NG from:
- your solicitor
- the Court;
- your Appeals Officer in prison; and
- the website of Her Majesty's Court Service
Your case is not referred straight to the Court of Appeal. The Criminal Appeal Office in London receives your form and prepares a file for review by a judge. You don't have a right to appeal, the judge will decide if you have 'leave' to appeal. If successful your case will be referred to the Court of Appeal. If unsuccessful you can write again and this time three judges will consider your appeal. Your last option will be to contact the Criminal Cases Review Commission who may refer your case to the Court of Appeal themselves.
The Court of Appeal has the following powers.
If they disagree with the sentence they can:
- change it for a different sentence
- reduce the sentence
If they find your conviction 'unsafe' they will quash it. They can also order a retrial or sometimes substitute a new conviction for a different offence.