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Crown Court Appeals

By: Lorna Elliott LLB (hons), Barrister - Updated: 7 May 2018 |
 
Court Of Appeal Criminal Crown Court

The Crown Court hears the more serious criminal cases in England and Wales. Like the Magistrates’ Court, there are two ways in which you can be convicted. Firstly if you admit your guilt in the Crown Court you will have a conviction. Alternatively, you can be convicted by a jury. A jury must be certain (so that they are sure) that you are guilty, before they can find you guilty of an offence. If your Crown Court case was an appeal against sentence or conviction from the Magistrates’ Court, you have no further right to appeal.

Court Procedure

After you are convicted, your defence lawyer must advise you as to the prospects of success of an appeal. A notice of appeal must be given to the criminal division of the Court of Appeal within 28 days of the decision you are appealing. In some circumstances, such as if you have been found guilty after a trial and the trial judge has ordered that reports should be prepared for your sentencing hearing, you may need to provide notice of your decision to appeal your conviction before you are actually sentenced.

Further, these types of appeals from the Crown Court to the Court of Appeal are not re-hearings. The Court of Appeal considers submissions from counsel, which can be given orally or in writing. An appeal can be against conviction or sentence but, unlike appeals from the Magistrates’ Court to the Crown Court, there is no automatic right to appeal save for in two limited circumstances:

  • if the sole ground(s) for your appeal involve(s) a question of law only
  • in exceptional cases, the trial judge in the Crown Court may certify that the case is fit for appeal

Obtaining Leave to Appeal

In order to appeal, you are required to obtain ‘leave’ (permission) from the Court of Appeal. In the first instance, you apply for leave to appeal to a single judge who will consider your request on the papers alone. If this is refused, you can apply in front of the full court. However if this application (either on paper or verbally in front of the full court) is refused the court has the power to direct that the time you have spent in prison to date has not counted towards your sentence, lengthening the amount of time you will have to spend in prison.

Appeal Against Conviction

The Court of Appeal will only overturn a conviction if they consider it to be ‘unsafe’. Appeals against conviction do not entitle the Court of Appeal to increase your sentence if they decide not to overturn your conviction, but they do have the power to order you to pay the prosecution costs if you are unsuccessful (this is generally rare, given that you have already sought and obtained permission from the Court to have your appeal heard.)

Appeal Against Sentence

The Court of Appeal will only re-sentence you if they consider that your sentence was either ‘wrong in principle’ (e.g. contrary to the law) or ‘manifestly excessive.’ However, it is not just the defence that can appeal against a sentence imposed at the Crown Court. If the prosecution considers that the judge gave you a sentence which was ‘unduly lenient’ they can also appeal to the Court of Appeal to ask them to give you a more hefty sentence. In these circumstances, however, the Court of Appeal often deducts a certain amount from the normal sentencing tariff because of the fact that the respondent (defendant) will now be facing a more weighty sentence than previously imposed.

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Hi, my partner has been wrongly convicted of historical rape, allegations made by one woman. I know he is innocent and we are trying to appeal his conviction. No one sees the fact that these girls get compensation and it has been unbearable for us to live with as we know he is innocent. He is not capable of doing that. The bad thing is although it was only one girl who accused him, he was arrested as part of an operation tenderesa in Huddersfield where 29 men were all charged and put on trials in tens. By media this was portrayed as a grooming gang although this was not the case. It was one girl who made allegations of rape against my partner but also made allegations against a few other men. My partner is not the kind of man that would ever have done this and this girl now is going to be getting a big lump of compensation. Jury did not listen to anything that was provided to them the actual reason to why she hated my partner and would have wanted to ruin his for. Unfortunately being Pakistani we already have a bad name as I do know a lot of Pakistani men have done these things but not my partner. What can we do
Saz - 7-May-18 @ 7:05 PM
A relative of mine arrested for the case of conspiracy in entry of illegal immigrant for two years. The appeal against sentence has been approved by court of appeal. He will be freedfrom the prison after one and a half month with the four moths on electric tag afterward.In his appeal he can win or lose. If he loseWhat would be the consequenses of his lost regarding to his sentence duration and cost of appal?can you please answer me? Thankswoomi
Woomi - 29-Jan-18 @ 10:31 PM
My ex assaulted me and caused me bodily harm he threatened to kill me ..the cps are taking him to crown court this year ..he alleged I attacked him in his statement when he was first arrested and he pleaded not guilty to my assault..he is now claiming self defence and still not guilty plea so a trial is going to be in a few months..it's seems to me his lawyer has told him to do this to get off ? Will the jury see through this ..my ex is a very good liar
Ollie - 21-Jan-18 @ 1:10 AM
In march 2011 I was convicted by a jury of a section 18 & sentenced to 13years EPP, my co-defendent received 15 months forsection 20.it was actually my codefendent who was guilty if the 18 & me of the 20.I tried to appeal conviction & got a good barrister from London,he was very shocked that I'd been found guilty but could find no new evidence,& the judge had done everything correctly,I have been out of prison for two years now & believe I have found new evidence myself,evidence I could never find while in custody,this has destroyed my life,serving 9 years for something I didn't do, the witnesses completely changed there storey in court,they had always maintained it could have been either me or my co.d,also there refresher statement two weeks before the trial,but in court they put it all in me,I was found guilty of glassing the female in the neck with a glass,which my prints wernt even on my co,d blamed me also.I was completely stitched up, I was offered 4 years at the start of my trial but I would not admitted to something I hadn't done, there is so much more to this,that is to long to go into,I will never get the 5 years back I served or having to give birth to my baby in jail only to be separated 6 hours later, thus has destroyed me & my family,I want to clear my name,I believe I have now found new evidence, is it to late to try & appeal again?
Kate - 3-Jan-18 @ 6:04 PM
Hi, a friend of mine has been convicted by a jury for conspiracy to supply class A drugs and hasn’t defended himself well enough to convince the jury of his innocence. The evidence the prosecution has produced was circumstantial. He was ill advised by his barrister and solicitor to not answer the questions posed to him with definitive answers and relied upon their advise. Crucial evidence for his defence was not produced and the second person who was also present in the prosecutions evidence and vital to the case wasn’t brought forward in the case and the evidence of cell site was used when the defendant was clearly with the second person yet he wasn’t taken into consideration to confirm that the phone used was his or the defendants. The phone was clearly the second persons but the defendant under pressure wasn’t able to answer or relay this to the court due to his lack of understanding and the incapabilty to do so due to stress and the loss of his mother just before the trial. The judge also used a.m. certain phrases and I feel that influenced the jury to come to their decision. Is there any ground for appeal on the conviction? This young man is genuine and is innocent. Thank you
James - 7-Dec-17 @ 10:21 PM
can you appeal to try and get a trial if you pleaded guilty on bad advice from a barrister. ie barrister told my brother if he piled guilty for attempted murder he would be out in 7 years on this basis my brother pleaded guilty. also he wasn't tokd about any deal s like pleading not guilty with the possibility of a lesser charge like sec 20 wounding for giving up the trial and pleading guilty
paul - 21-Nov-17 @ 6:12 PM
Needhelpasap - Your Question:
Hi there,My dad got arrested 2 and a half years ago at the border as he was carrying identity cards of foreign nationals this made them suspect that he is assisting illegal immigrants into the country.He was called to multiple court hearings but they all kept getting cancelled and postponed, finally after 2 and a half years the trial was set for last year. Unfortunately the jury reached a guilty verdict which then leaded to him getting 7 years ! (Which would be 3.5 years)This is not fair and as a family we're gonna appeal this but I just wanted to get some advice and rights that we have.Thanks

Our Response:
We are unable to give help here as we can only answer basic questions. You would need to find an independent immigration adviser that can advise more fully, please see link here.
CourtroomAdvice - 9-Nov-17 @ 10:08 AM
Sorry I meant last week not last year ????????????
Needhelpasap - 8-Nov-17 @ 2:57 PM
Hi there, My dad got arrested 2 and a half years ago at the border as he was carrying identity cards of foreign nationals this made them suspect that he is assisting illegal immigrants into the country. He was called to multiple court hearings but they all kept getting cancelled and postponed, finally after 2 and a half years the trial was set for last year. Unfortunately the jury reached a guilty verdict which then leaded to him getting 7 years ! (Which would be 3.5 years) This is not fair and as a family we're gonna appeal this but I just wanted to get some advice and rights that we have. Thanks
Needhelpasap - 8-Nov-17 @ 2:56 PM
My friend has just been given 30 years for a murder, there was a burglary he didn’t enter the property, they took the car and the owner got run over frombehind, there was lots of evidence that he didn’t see the owner, also this was very high media and went to trial in the town were it was committed, I feel the sentence is to much life is 25 years normally with a min of something. What does anyone else know about this?
Me - 4-Nov-17 @ 12:08 PM
I was assaulted 2yrs ago. It went to court where she was given 18m suspended sentence, 1,000 costs and ordered to pay 500 compensation. She appealed, court was cancelled 5 times, she sacked her first solicitor 2 months ago and hired a Silk Barrister. Last Friday it finally went ahead. The Barrister badgered my daughter now 18yo and my partner who were both witnesses and myself. There was also photographic evidence of my injuries caused by a horse whip.She won her appeal and I am devastated. Is there anything I can do? There is also a charge of intimidation by herself her son and her friend of which there is video evidence and I was on the phone to the police when her friend was shouting at me which is recorded. Will this still go ahead ? As you can imagine the whole ordeal has had a huge affect on myself and my family. Any help would be hugely appreciated.
Joules - 19-Oct-17 @ 5:09 PM
Please could you advise on my situation; I would like to appeal my compensation order given in August 2015 by the crown court. I was ill advised at the time and do not think my case was heard fairly, the charge was for faulsely obtaining benefits, I was ordered to pay £19K in 3 years and I am now in my final year, having only reduced this to £16K, through being at university for one of the two years, although I have been making continued payments. I have been acting as a single mother until May this year in which I have been able to make more substantial payments, however do not feel I was realistically able to pay over £500 per month consecutively in order to clear the order in the time frame given. The court did not look into my finances at the time and my ex partner who benefited at the time was not given any amount of the compensation order. Please can you advise if I can appeal the amount still owed and what happens at the end of the 3 year period given as I will not have paid off the amount, will I be given a prison sentence? Kind regards, Emma
Emmalouise28 - 17-Oct-17 @ 3:50 PM
I've been convicted of failing to provide driver details, I was convicted in my absence due to a mix up in dates and I missed my crown court appeal due to my little lad being ill. Is there anything else I can do ? I've lost my job as my licence is revoked as a new driver and my grandfathers unable to leave the house as we have no other car
Callum - 12-Sep-17 @ 8:36 PM
Hannah - Your Question:
My partner was sentanced to 3 years on a drug charge. He wants to appeal but because he admitted it in the police station. Can they end up giving him longer? It's taken the police 10 months to charge him. I'm now pregnant, we now got our own home. & he started up a business. What can we do? Can they give him a bigger sentance on his first apeal?

Our Response:
You can appeal against your conviction, sentence or both if you pleaded not guilty at your trial. If you pleaded guilty, you can only appeal against your sentence. Please see link here , which will explain more.
CourtroomAdvice - 5-Sep-17 @ 10:00 AM
My partner was sentanced to 3 years on a drug charge. He wants to appeal but because he admitted it in the police station. Can they end up giving him longer? It's taken the police 10 months to charge him. I'm now pregnant, we now got our own home. & he started up a business. What can we do? Can they give him a bigger sentance on his first apeal?
Hannah - 4-Sep-17 @ 1:03 PM
Ross - Your Question:
I was convicted of GBH , 10 years ago after I was jumped by two guys when I finished work as a door supervisor. I'm now wanting to submit an application to the police force when my time in the army is up , can you tell me if I can get this conviction appealed against and taken off my record ?

Our Response:
Please see the gov.uk link here which will answer your question in full.
CourtroomAdvice - 24-Aug-17 @ 9:46 AM
I was convicted of GBH , 10 years ago after I was jumped by two guys when I finished work as a door supervisor ...... I'm now wanting to submit an application to the police force when my time in the army is up , can you tell me if I can get this conviction appealed against and taken off my record ?
Ross - 23-Aug-17 @ 12:17 AM
My sons appeal against his conviction and sentence was refused can he appeal again
Nicky - 5-Jul-17 @ 7:37 PM
Can your sentence be lengthened if it is you first offence in court my partner has been sent to prison and I don't think he had a fair trial his barrester said he could get a longer sentence by appealing but I have heard they don't do this on a first offence?
Me - 1-Jul-17 @ 1:20 AM
My husband was given a very harsh sentence for a drug crime - what is the process for him applying to appeal it representing himself?
Rocky - 11-May-17 @ 6:31 AM
Jake - Your Question:
My son has been sent down for 51/2 yrs for apparent child abuse, ie facing the wall, rough play' Throwing empty plastic bottles at them,cold baths. Apparent nothing drastic just over extended time. His ex partner had the children removed from her 7 yrs ago and placed into care where the courts decided she was never to have them back. She has held a grudge since and took my son to court after he gained responsibility for the children claiming all of these things and more including the children being behind in their education and developement. The social services gave the children back to her even though there is a court order to say she is nt to have them. When this went to court my sons solicitor gave barely any defence against anything that was said even when his ex was caught out lying in court. His ex stated that she was petrified of him yet he has phone messages from her asking if he wanted to come for tea ect but nothing that she said was questioned. The court has been allowed the impression that all the childrens problems were down to my son and nothing about what his ex put them through or the time when they were in care all at a very young age. He has now been in prison since the 23 rd March and his date runs out to appeal on the 13 th May. His solicitor knew he wanted to appeal but has made no contact with him other than at court for sentencing where he stated he d come and see him, and did nt, other than that he has sent a letter stating that he didnt see there was any reason to appeal and wanted to close the case. His new partner who has 5 young children one of which is only 3 months old (they are struggling ) has tried to contact him numerous times over the past week. Eventually he responded on fri gone and said he would go and see my son,but we 've lost all faith in him and worried my sons chance of appeal is going to come and go and hes stuck with this seriously wrong sentance. Hes getting legal aid and wants to change solicitor but we have been told hes not allowed to transfer this. Any help or advice would be greatly appreciated especially as to whether you think theres any grounds to appeal. iVe spoke to another solicitor about how much it would be to change solicitor but they said it would be about £4-5,000 just to have his case looked at.

Our Response:
I'm afraid this is beyond our remit to advise. You would have to seek further professional legal guidance.
CourtroomAdvice - 8-May-17 @ 2:42 PM
My son has been sent down for 51/2 yrs for apparent child abuse, ie facing the wall, rough play' Throwing empty plastic bottles at them,cold baths. Apparent nothing drastic just over extended time. His ex partner had the children removed from her 7 yrs ago and placed into care where the courts decided she was never to have them back. She has held a grudge since and took my son to court after he gained responsibility for the children claiming all of these things and more including the children being behind in their education and developement. The social services gave the children back to her even though there is a court order to say she is nt to have them. When this went to court my sons solicitor gave barely any defence against anything that was said even when his ex was caught out lying in court. His ex stated that she was petrified of him yet he has phone messages from her asking if he wanted to come for tea ect but nothing that she said was questioned. The court has been allowed the impression that all the childrens problems were down to my son and nothing about what his ex put them through or the time when they were in care all at a very young age. He has now been in prison since the 23 rd March and his date runs out to appeal on the 13 th May. His solicitor knew he wanted to appeal but has made no contact with him other than at court for sentencing where he stated he d come and see him, and did nt, other than that he has sent a letter stating that he didnt see there was any reason to appeal and wanted to close the case. His new partner who has 5 young children one of which is only 3 months old (they are struggling ) has tried to contact him numerous times over the past week. Eventually he responded on fri gone and said he would go and see my son,but we 've lost all faith in him and worried my sons chance of appeal is going to come and go and hes stuck with this seriously wrong sentance. Hes getting legal aid and wants to change solicitor but we have been told hes not allowed to transfer this. Any help or advice would be greatly appreciated especially as to whether you think theres any grounds to appeal. iVe spoke to another solicitor about how much it would be to change solicitor but they said it would be about £4-5,000 just to have his case looked at.
Jake - 7-May-17 @ 11:23 PM
My appeal against 2 convictions was upheld. What happens now? The first conviction was quashed without opposition by the crown court immediately. The second one was quashed as it was false. The convicting judge had no choice but to convict as very little defence was presented to them by my defence team. What happens now. Will the court who convicted me have to return my court costs? If so how do I reclaim them? How do I get a refund and a complete breakdown of the bill from the lawyers who misrepresented me? Would it be better to just report the lawyers who repeated gave incorrect advice and poor representation so they can't do this to anyone else? Please help. Thank you in advance.
The Imp - 13-Mar-17 @ 1:06 AM
Hi. If somone got sent down for manslaughter and got 3years and cps appealed against it and got extra 18months can that person still get out on tag
bb - 27-Jan-17 @ 10:18 AM
My son was stabbed in May 2016 by two people known to him. My son is profoundly deaf and is speech is not always clear to people who don't know him. When he was taken in the ambulance the police mistook a statement and misheard him, he was incoherent as he had lost a lot of blood and was in pain. Different police interviewed him whilst in hospital again without an interpreter and took his evidence down wrong. He was interviewed later with an interpreter on video. This week the trial took place, on Monday the prison service forgot to deliver the prisoner so it was delayed. On Tuesday they took the defendant to the wrong court, another days delay. On Wednesday it took numerous hours to get the video evidence and the court was only available for a couple of hours and they cut his evidence short. The defence barrister used the lack of consistency by the police to get him him off. Three people lied on oath that the accused didn't go out all day even though police evidence proved that he did. My son knows who stabbed him but because of his deafness he wasn't believed, is there anything he can do?
LAT - 2-Dec-16 @ 7:55 PM
Hi. I would be grateful for your advice on Crown Court appeal costs. I received a road traffic conviction at magistrates for speeding (35mph in a 30). I pleaded guilty from the outset explaining I was riding a new motorbike home for the first time and was getting used to it. I pleaded online only to receive 3 points; £164 fine; £85 costs and £30 victim surcharge. I am appealing the sentence as feel it unfairly excessive (when all conducted online with no physical court hearing) - particularly the victim surcharge. Especially in light of my genuine mitigation (supported by the motorbike dealer) and circumstances. What are likely Crown Court costs if my appeal is unsuccessful? And is the above sentence fair and inline with current guidelines? Many thanks Kenny
Kenny - 6-Nov-16 @ 11:59 AM
We had court case where accused flew in front door of my daughters boyfriends flat..knocking her younger 11 yr old sister into doir frame. We asked her to stay put as we had solisitor letter stating she didnt own the flat her.. argument. She knocked my older daughter out way and followed me took swing and punched my face then threw papera all overkitchen..i grabed her and struggled with her to get her out . Her friend came in and said to leave her and we told her to leave. I threw accused out. Pokice had been called by neighbour who took statements from myself and okder daughter but nit my 11 yr old. At court she was foung guikty of assualt to myself breach peace threatning behaviour and assault to injury as my 11 yr oldhad collar bone broken.But id dindt know at time was 3 days later qe went to hospital when pain got worse and xray confirmed..she has now appealed all of her convictions which im raging about as she got of lightly with sentencing and had to pay costs to my 11 yr old. How good are her chances ..
Lesley - 3-Nov-16 @ 6:25 PM
What are my chances of getting acquitted of a molestation offence when there was no evidence against me and a witness said he saw nothing. The appeal in front of the first appeal judge agreed that the witness saw no reaction on her face but stated that she did not have to show any reaction to a grope for me to have molested her I was found guilty only because my accuser was over emotional in the witness box
dj - 1-Nov-16 @ 9:21 AM
Hi All, I was convicted in magistrate court for breach of no molestation order and I appealed against this decision in crown court where decision again against myself now I want to go for any upper court, please advise how and where I can do this thanks
jvdak - 8-Sep-16 @ 3:40 PM
ste - Your Question:
Hi my partner had postnatal depression which went undiagnosed despite visits to the doctors and talks with health visitor. Later that year my partner tried to commit suicide by setting fire to a bin in her council house living room. This attempt failed as the fire didnt spread and neighbours contacted emergency services. A year later and her depression and moods had gotten really bad I had moved out and appealed to housing association to remove her from the property before she does harm, at the time I had also begged health service and police to help as she was out of control. her 16 year old sister had moved in and had her spending all her money on drink and parties. This I tried to tell people contributed to her second attempted suicide by setting a fire in the living room. This time she was hospitalised and caused a substancial amount of damage to living room. There was no structural damage and no damage to other properties even though semi detached.A stint at a mental health assesment centre did her no good as she met a fellow patient who took advantage of her need for self destruction and went off.Eventually when she had ran out of places to stay, I got a place for us to stay as a family. She was still not well and refused a solicitor and pleaded guilty to arson with wreckless endangerment.She ended up getting 3 years. During this time I visited with the kids every week. Even after being released on tag she still wasnt right and ended up breaking her tag and being sent back inside. She was finally released September 2014 and sent to live in a womens hostel, it was during this time I discovered she had been put back on the same anti depressants she had been on the two times she had tried to commit suicide.Whilst in the hostel and on this medication again she tried to slit her throat!She was sent back to prison and only by begging the prison medical team did she manage to get help and a diagnosis. she was given the correct medication and has since been released and is seeing a psychiatrist. She is now ready to look for work but feels she has no future in work because of her conviction. How can she appeal to have this overturned?

Our Response:
I am sorry to hear this. She could try the Prince's Trust here.
CourtroomAdvice - 6-Sep-16 @ 2:01 PM
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