Can new evidence be used in a criminal appeal?

Yes, new evidence can be used, but only in limited circumstances. The Court of Appeal will usually only consider fresh evidence if:nnIt could not reasonably have been obtained for the original trial,nIt is credible, andnIt might have made a difference to the outcome.nExamples include new expert reports, previously unavailable witnesses, or disclosure that was not provided at trial. Your solicitor will assess whether the evidence meets the strict legal tests for admission.

How long does the appeal process take?

The timeframe depends on the court and complexity of the case:nnMagistrates’ Court to Crown Court appeals: Often heard within a few months.nCrown Court appeals to the Court of Appeal: Commonly several months to over a year, especially if transcripts, expert evidence, or complex legal issues are involved.nIf bail is requested pending appeal, a separate application must be made and is not guaranteed. Your solicitor can advise on expected timescales for your specific case.

What outcomes are possible from an appeal?

Depending on the type of appeal, the court may:nnQuash the conviction – meaning you are no longer convicted of the offence.nOrder a retrial – usually when the conviction is unsafe but the prosecution case is still viable.nReduce or vary the sentence – if the sentence was wrong in law or excessively harsh.nDismiss the appeal – meaning the conviction or sentence stands.nIn rare cases, the court may also substitute an alternative, lesser conviction if supported by the evidence.

Criminal Appeals

Criminal appeals allow you to challenge wrongful convictions or excessive sentences. Our experienced team at DPP Law will carefully examine your case and fight to secure a fair outcome.

The wrongful conviction solicitors at DPP Law specialise in the necessary skills required to appeal a criminal sentence. Our miscarriage of justice solicitors are well-versed in the provision of legal support for complaints against the law and will do everything in their power to ensure that you see justice served.

Our team can look back over more than thirty years worth of experience in the support of criminal appeals, so you know you’ll be in the safest of hands.

Our legal advisers can assist you throughout every step of the criminal appeals process, from asking for permission to appeal and filling out the correct documentation right through to any dealings with the Court of Appeal Mediation Scheme, presenting your defence at court appeal process hearings and beyond.

If you feel that the result of a court case or tribunal involving yourself or a loved one may have been unjust, or a sentence or punishment that has been ordered by the law is unduly harsh, strict or unwarranted, it isn’t too late.

By contacting legal justice solicitors, there is every possibility that you can appeal to have the matter reinvestigated, changed or overturned.

Remember, it’s important to act quickly if you intend to appeal a criminal conviction. Depending on the body to whom you intend to appeal, you may only have between seven and twenty-eight days to do so before the opportunity has passed you by.

What is the Criminal Appeals process?

1. Application. The court appeal process cannot begin until you make an application to appeal a criminal sentence. This application must be submitted for a judge to examine, and this can usually only be done within 28 days of your conviction or your sentence, depending on which it is you are appealing against. You can instruct wrongful conviction solicitors or miscarriage of justice solicitors to assist you with this application.

2. If you receive permission to go ahead with your appeal, you’ll then receive a letter telling you when and where it will be heard. Your wrongful conviction solicitors or criminal appeal solicitors will present your case on the day, and representatives from the prosecution will present the case against you if you are appealing against a conviction, though this may not happen if your appeal is against a conviction.

Should you fail to have your appeal application accepted, you will be able to renew it by applying to a “full court” of two or three judges.

If you are successful in your appeal, your conviction may be overturned and/or your sentence reduced. If you are not successful, your conviction or sentence will remain the same, but you may be ordered to start your sentence over again. You may also be liable to pay any costs to the court.

How can I appeal a criminal conviction?

You must first get in touch with criminal justice or wrongful conviction solicitors to assist you with and potentially represent you during any hearing. You must then send an application to the Crown Court. The relevant form can be found on the gov. uk website. Your legal representative will assist you with the remainder of the process.

Types of Criminal Appeals

With the permission of a judge, you may be able to appeal:

A conviction
A sentence

Frequently Asked Questions

Who will hear my appeal against conviction in the court of appeal?

Your appeal will usually be heard by two High Court Judges and a Lord Justice of Appeal.

What powers does the court of appeal have when dealing with an appeal against conviction?

Part 1 sections 1 to 8 of the Criminal Appeal Act 1968 detail the powers held by this particular court. These, principally, are the power to quash any conviction that is deemed unsafe, the power to substitute a lesser verdict if you can prove that yours is unnecessarily harsh, the power to order a retrial if it is found to be in the interests of justice and the power to dismiss the appeal altogether with suitable grounds.

Should you suspect that there may be means of proving that the law has come to an inappropriate decision regarding your case, you should make contact with the criminal appeal solicitors at DPP Law at your earliest convenience.

Our criminal defence solicitors can defend you if you have been accused of any of the below criminal offences:

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FAQs

For cases heard in the Magistrates’ Court, you generally have 21 days from the date of sentencing to appeal to the Crown Court.

For cases heard in the Crown Court, you usually have 28 days from the date of conviction (or sentence) to apply to the Criminal Appeal Office for permission to appeal.

If these deadlines have passed, it may still be possible to apply for an extension of time, but you will need to show a good reason for the delay.

You can’t appeal simply because you are unhappy with the outcome. You must show that something went legally or procedurally wrong. Common grounds include:

Error of law — the judge applied the wrong legal test or misunderstood the law.

Unfair trial — for example, incorrect admission or exclusion of evidence, or serious procedural irregularities.

Incorrect directions to the jury — the judge misdirected the jury on the law or evidence.

New evidence — significant evidence has emerged that was not available at the original trial and could have affected the outcome.

Unreasonable verdict — the conviction is “unsafe,” meaning no reasonable jury properly directed could have reached that verdict.

Sentence wrong in law or manifestly excessive — the sentence was unlawful or far outside the appropriate range.

Yes, new evidence can be used, but only in limited circumstances. The Court of Appeal will usually only consider fresh evidence if:

It could not reasonably have been obtained for the original trial,
It is credible, and
It might have made a difference to the outcome.

Examples include new expert reports, previously unavailable witnesses, or disclosure that was not provided at trial. Your solicitor will assess whether the evidence meets the strict legal tests for admission.

The timeframe depends on the court and complexity of the case:

Magistrates’ Court to Crown Court appeals: Often heard within a few months.
Crown Court appeals to the Court of Appeal: Commonly several months to over a year, especially if transcripts, expert evidence, or complex legal issues are involved.

If bail is requested pending appeal, a separate application must be made and is not guaranteed. Your solicitor can advise on expected timescales for your specific case.

Depending on the type of appeal, the court may:

Quash the conviction – meaning you are no longer convicted of the offence.
Order a retrial – usually when the conviction is unsafe but the prosecution case is still viable.
Reduce or vary the sentence – if the sentence was wrong in law or excessively harsh.
Dismiss the appeal – meaning the conviction or sentence stands.

In rare cases, the court may also substitute an alternative, lesser conviction if supported by the evidence.