One can appeal against his/her conviction, sentence or both. It does not matter if whether he/she pleaded guilty or not guilty.
Permission for appeal
You must first apply for permission to appeal. A judge will look at your application and decide whether to give you permission.
Talk to your legal representative (if you have one) or get help from a legal adviser before you apply.
You must apply within 28 days of either:
- the date you were convicted (even if you were sentenced at a later date) if you’re appealing against your conviction
- the date you were sentenced if you’re appealing against your sentence
- If you apply later you’ll need to explain why you could not send your application in on time. You may get an extension.
To ask for permission, download and fill in a form(Format) that relates to your crime or sentence. Send the form by post or email. The address is on the form.
If the convict is in prison, he/she can get help from a legal services officer to fill in the form and answer questions about the appeals process.
If permission granted for appeal
The appeal will be heard by the Court of Appeal Criminal Division. You’ll get a letter before the hearing to let you know when and where it’ll take place. Your legal representative ( your barrister) will present your case to the judges. If you’re appealing a conviction, representatives from the prosecution will present the case against you. This will not always happen if you appeal against a sentence.
If you do not get permission to appeal
You’ll get a letter to let you know you have not been given permission. It’ll explain how the judge made their decision. You have the right to renew your application and ask a ‘full court’ of 2 or 3 judges to give you permission. The letter will tell you how to do this.
Consequence of Appeal
Your conviction may be overturned or your sentence may be reduced (or both). If you lose your appeal, your original sentence or conviction will not change but you might have to:
- restart your sentence from the beginning
- pay the court costs
- Contact the Criminal Cases Review Commission (CCRC) if you think there’s been a ‘miscarriage of justice’, for example evidence was not presented.
For stopping an appeal,one can apply to stop your appeal at any time.
Criminal cases are heard in public unless the court orders otherwise, so if your name or other information you give is referred to in a courtroom then it will become public in that way (unless the court orders otherwise). criminal courts give reasons in public for their decisions, including their sentencing decisions, unless the court orders otherwise, so if your name or other information you give is referred to in the court’s decision then it will become public in that way (unless the court orders otherwise).
Not all information given in public in criminal cases can be reported. For a list of reporting restrictions, see the rules in Part 6 of the Criminal Procedure Rules and the other legislation listed in the notes to those rules.
Categories: Law of England