Criminal Law
Criminal Appeals Barristers
Fresh, independent advice on appealing a conviction or sentence, from the Magistrates' Court to the Court of Appeal, and on applications to the Criminal Cases Review Commission.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
The route for a criminal appeal depends on which court dealt with you. After a conviction or sentence in the Magistrates' Court, you have an automatic right to appeal to the Crown Court. An appeal against conviction is a complete rehearing before a judge sitting with two magistrates, and the prosecution has to prove its case again. GOV.UK says you usually need to appeal within 15 working days of the date you were sentenced, and a late appeal needs an explanation for the delay. Where the magistrates got the law wrong, you can instead ask them to state a case for the High Court under section 111 of the Magistrates' Courts Act 1980, within 21 days of the decision. Choosing the case stated route gives up the right to appeal to the Crown Court, so the choice needs care.
Appeals from the Crown Court go to the Court of Appeal (Criminal Division) and, in almost all cases, need permission, called leave. Under section 18 of the Criminal Appeal Act 1968 the notice must be given within 28 days of the conviction or, for a sentence appeal, of the date sentence was passed. Grounds are set out on Form NG and considered on the papers by a single judge, and if leave is refused you can renew the application to the full court. Renewing an application that has no merit carries a risk that the court will direct that time spent in custody does not count towards your sentence.
The Court of Appeal does not retry the case. Against conviction, the only question is whether the conviction is unsafe, which usually means identifying a specific error: a wrong ruling on evidence, a misdirection in the summing up, a failure of disclosure, or fresh evidence that could not reasonably have been called at trial and which the court is willing to receive under section 23. Against sentence, you must show the sentence was manifestly excessive or wrong in principle, typically by reference to how the Sentencing Council guidelines were applied. Simply disagreeing with the jury is not a ground of appeal.
Appeals are one of the areas where Direct Access works well, because the core work is reading the transcript and papers and drafting grounds. If you were legally aided at trial, your trial representatives should normally advise on appeal under that funding, and you should ask them first. If you instruct a new Barrister who will criticise how the trial was conducted, the Court of Appeal expects fresh representatives to make proper inquiries, which may mean you waiving privilege so the trial lawyers can respond. Your Barrister drafts the grounds and argues the appeal, while you obtain papers and transcripts and handle filing and correspondence. If your appeal has already been dismissed, a further route lies through the Criminal Cases Review Commission.
What Criminal Appeals Barristers Do
Merits Advice
An honest view on:
- Whether there is an arguable ground at all
- Whether the conviction may be unsafe
- Whether the sentence was manifestly excessive
- The risk of a loss of time direction
- Crown Court appeal versus case stated
- Prospects of an application to the CCRC
Grounds and Applications
Your Barrister can draft:
- Notices of appeal to the Crown Court
- Applications to state a case
- Form NG grounds of appeal
- Applications to extend time
- Applications to call fresh evidence
- Renewal grounds after a single judge refusal
Your Barrister drafts these documents. You lodge and serve them, as Direct Access Barristers do not conduct litigation.
Hearing Advocacy
Your Barrister can appear at:
- Crown Court appeal rehearings
- Appeals against sentence in the Crown Court
- Court of Appeal full court hearings
- Renewed leave applications
- Bail pending appeal applications
- Case stated hearings in the High Court
What You Handle
With Direct Access you:
- Gather the trial papers and sentencing remarks
- Order transcripts where needed
- Contact your trial lawyers for their file
- Sign any waiver of privilege if required
- Lodge forms within the time limit
- Deal with the court office and the CPS
How Direct Access Works
- 1
Act Within the Deadline
Contact a Barrister as soon as possible after conviction or sentence. Fifteen working days for a Crown Court appeal and 28 days for the Court of Appeal pass quickly, and extensions are not automatic.
- 2
Papers and Transcripts
You collect the indictment or charge sheet, prosecution case, any defence statement, sentencing remarks and relevant rulings. Your Barrister tells you which parts of the hearing need transcribing so you do not pay for more than is necessary.
- 3
Written Advice on Merits
Your Barrister reviews the material and gives a written view on whether there are arguable grounds, which route is right, and the risks, including a loss of time direction or a higher sentence on a Crown Court rehearing.
- 4
Grounds Drafted and Lodged
If there are grounds, your Barrister drafts them with references to the evidence and authorities. You lodge them with the correct court, with any application to extend time explained and supported.
- 5
Leave Stage
For Court of Appeal cases, a single judge decides leave on the papers. If leave is refused, your Barrister advises within the short renewal window whether it is wise to renew to the full court.
- 6
The Appeal Hearing
Your Barrister argues the appeal. The Court of Appeal can quash a conviction, order a retrial, substitute a different verdict, or reduce a sentence, but it cannot increase a sentence on a defendant's appeal.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
Can I appeal just because I think the jury got it wrong?
No. The Court of Appeal does not reconsider the facts in the way a jury does. You need to identify something that makes the conviction unsafe, such as a legal error, an unfair trial process, non-disclosure, or fresh evidence. A Barrister can review the papers and tell you whether any of these exist in your case.
Can my sentence go up if I appeal?
On an appeal from the Magistrates' Court, the Crown Court can impose any sentence the magistrates could have imposed, which can be higher. The Court of Appeal cannot increase a sentence on your appeal, but it can direct that time spent in custody pending a hopeless renewed application does not count. Separately, the Attorney General can refer certain Crown Court sentences as unduly lenient.
I missed the time limit. Is it too late?
Not always. Both the Crown Court and the Court of Appeal can extend time, but you must explain the delay, and the Court of Appeal will look closely at the merits before granting a long extension. The sooner the application is made the better your position.
What is the difference between appealing to the Crown Court and asking for a case stated?
An appeal to the Crown Court is a full rehearing of the facts, or of the sentence. A case stated asks the High Court to decide whether the magistrates were wrong in law or acted outside their jurisdiction, based on the facts they found. Once you apply for a case stated, you lose the right to appeal to the Crown Court, so your Barrister will advise which route suits the error in your case.
Can a new Barrister criticise my trial lawyers?
Yes, if there is a proper basis, but the Court of Appeal expects fresh representatives to make inquiries of the trial lawyers first and to give them a chance to respond. You will usually need to waive legal professional privilege for that purpose. Criticism of trial counsel alone rarely succeeds unless it affected the safety of the conviction.
What does the Criminal Cases Review Commission do?
The CCRC is an independent body that can refer a conviction or sentence back to an appeal court if it considers there is a real possibility it would not be upheld, usually because of new evidence or argument not raised before. In general you must have appealed already, or have exceptional circumstances for not doing so. A Barrister can help you present a focused application.
Is Direct Access suitable for a criminal appeal?
Often it is, as appeals are paper-heavy and advocacy-led rather than reliant on gathering new evidence. If you were legally aided at trial, ask your trial team first, because advice on appeal is usually covered. Paying privately, you can instruct a Barrister directly for an independent view. Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Appeal Time Limits Are Short
Get an independent view on your conviction or sentence while there is still time to lodge an appeal.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.