Appeals

If the defendant (person accused of the crime) is convicted (found guilty), they can appeal against the sentence or conviction or both.

If the defendant is convicted in the magistrates' court and appeals against the conviction, the whole trial will be heard again in front of a judge and two magistrates. In this instance, you may have to give your evidence again.

If it is only the sentence that is appealed against, a Crown Court judge will consider the appeal and decide whether to change the sentence or keep it the same.

If the defendant appeals against a Crown Court decision, the appeal will be heard by the Court of Appeal who will either overturn the decision, order a retrial (which means the case has to be heard again), or leave the conviction as it is.

If an offender's appeal is unsuccessful they 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 there is a real possibility that a conviction or sentence would not be upheld. This only occurs in a very small number of cases.

Under the Code of Practice for Victims of Crime, which came into force on 3 April 2006, the Criminal Cases Review Commission will decide whether to contact you if they are reviewing a sentence in a case you are connected to when it's likely that you will hear about what's going on.

The Criminal Cases Review Commission has a legal obligation to tell you their decision and if they are referring to the Court of Appeal or Crown Court.

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