The Court of Appeal

What the Court of Appeal does

The Court of Appeal sits above the Crown Court and High Court in England and Wales. It hears appeals against decisions made in those lower courts. This includes appeals against criminal convictions, sentences, and civil judgments.

There are two divisions within the Court of Appeal. The Criminal Division deals with appeals related to criminal cases, while the Civil Division handles appeals from civil proceedings. Both divisions handle substantial caseloads each year.

The court does not hold new trials. Instead, it reviews whether the original court made errors in law or procedure that affected the outcome. Judges at this level examine the legal arguments and evidence that were presented at the earlier hearing.

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Who can appeal and on what grounds

A person convicted of a criminal offence can apply to appeal their conviction if they believe something went wrong during their trial. This might include errors in how the judge directed the jury, problems with evidence that was admitted or excluded, or issues with how the trial was conducted.

Appeals against sentence are also possible. A convicted person may argue their sentence was too harsh given the circumstances. Permission to appeal is usually required before a case can proceed, and the court will only grant this if there appears to be a genuine point worth considering.

The Attorney General or Solicitor General can also refer cases to the Court of Appeal if a sentence appears to be unduly lenient. This process permits sentences to be increased where the original penalty did not reflect the seriousness of the offence. Only certain qualifying offences are eligible for this scheme.

Victims and members of the public can ask the Attorney General to consider whether a sentence should be reviewed under the unduly lenient sentence scheme, though the final decision rests with that office. Details of eligible offences and how to make a request are available on GOV.UK.

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What happens during an appeal

Appeals are heard by a panel of judges, typically two or three. There is no jury at this stage. The judges read written submissions from both sides and hear oral arguments from barristers representing each party.

The appellant, meaning the person bringing the appeal, must show that the original decision was flawed in some way. A simple disagreement with the verdict or sentence is insufficient grounds for an appeal. The court looks for legal errors or procedural problems that made the original verdict or sentence unsafe or unjust.

If the court finds in favour of the appellant, it has several options. It can quash a conviction entirely and release the individual. It can order a retrial where the case will be heard again. It can reduce a sentence or substitute a different verdict. In sentence review cases brought by the Attorney General, the court can increase the penalty.

If the appeal fails, the original decision stands.

How this affects victims of crime

As a victim, you may feel disappointed if an offender receives what seems like a light sentence. The unduly lenient sentence scheme gives you a way to raise concerns with the Attorney General, though there are strict time limits. Requests must usually be made within 28 days of sentencing, and only certain serious offences qualify.

Victims are not parties to criminal appeals. The appeal is a matter between the defendant and the court. However, the Victim Contact Scheme, run by the Probation Service, keeps victims informed about certain developments in an offender's case. This includes notification if an appeal is lodged. You can register for this service if you were the victim of a violent or sexual offence where the offender received a prison sentence of 12 months or more.

Support organisations such as Victim Support can help you understand what an appeal might mean for your case and what to expect from the process. Citizens Advice can also provide general guidance on court procedures.

For current information about the appeals process, court forms, and time limits, check the Courts and Tribunals Judiciary website or GOV.UK.

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