Can I Appeal?

After sentence, the defendant, and in some cases the prosecution, may have a right to appeal in respect of the conviction or the sentence imposed.

However if you pleaded guilty on the original hearing, you can only appeal against the severity of the sentence, not the finding of guilt, other than in very exceptional circumstances.

The right to appeal is also often subject to strict time limits so, if you wish to consider appealing, you should tell your legal representative as soon as possible. You should however be aware that a sentence can sometimes be increased on appeal as well as reduced.

If you were not legally represented at court on the original hearing or the case was proved in your absence, then you should immediately consider getting legal advice. Depending on the seriousness or difficulty of the case and your financial circumstances, legal aid may be available to help you do so.

An appeal from the Magistrates’ Court would normally go to the County Court. An appeal from the Crown Court would normally go to the Criminal Division of the Court of Appeal. In exceptional cases, where an important point of law is at stake, the case may be appealed by either the defendant or the prosecution to the House of Lords in London. This is the highest court in Britain.