How to Appeal a Criminal Conviction
If you believe your conviction was unjust due to legal errors, you have the right to appeal. An appeal is a formal request for a higher court to review your case for any mistakes that may have occurred during the trial.
If you have experienced a miscarriage of justice and want to appeal your conviction then understanding the process you are about to undergo is crucial. At Harewood Law, we know that a wrongful conviction or disproportionate conviction can have a devastating impact on your future, and you need to know whether you have the right to fight for a reduced sentence.
What Is an Appeal?
An appeal is not a new trial. Instead, it's a legal process where you ask an appellate court to review the trial court's decision.
The goal of an appeal is to determine if any legal errors affected the fairness of your trial or the outcome of your case. The appellate court will not consider new evidence; it focuses solely on the trial record, which includes transcripts, evidence presented, and rulings made by the trial judge.
What are the grounds to appeal against a criminal conviction?
You do not have the right to automatically appeal a criminal conviction. If you entered a Not Guilty plea, you can appeal your sentence, your conviction, or both, but you need Grounds to Appeal.
These are:
New evidence coming to light that wasn’t available at the original trial. For example, a witness statement or CCTV footage.
Misconduct at the original trial, such as a court procedure not being followed correctly.
What are the chances of winning an appeal?
The chances of winning an appeal depend on a number of factors but the decision is ultimately in the hands of the Crown Court. You need to have strong Grounds for Appeal, and an exceptional criminal solicitor who is able to build a robust case on your behalf.
How to make an appeal
In order to appeal a criminal conviction, you need to ask permission to appeal from the Court of Appeal Criminal Division.
This involves filling out a form to either:
Appeal your conviction
Appeal your sentence
These forms can be downloaded or printed, so you can complete them digitally or by hand. You must then return them by post or email.
Prison officers can send the form on your behalf if you are in prison.
You will need to pay to appeal your conviction so it is important to consider whether you are able to afford the process, or apply for Legal Services Funding. This will cover the cost of the legal advice, but not the appeal itself.
When to appeal a criminal conviction
You should appeal a conviction within 28 days following the day you were sentenced. If you apply later than 28 days, you will need to explain the reason for applying late, and provide good evidence to support this claim.
Late applicants might not be considered for appeal, so making a decision early is vital.
Do you need a solicitor to appeal a conviction?
You do not need a legal representative to appeal a conviction, but we would recommend speaking with someone who can provide legal advice to discuss whether your application is likely to be successful.
This is because appealing a conviction can be a difficult process both emotionally and technically, and it can extend your original sentence.
Your solicitor will also be able to aid with filling in the required forms.
Can you stop an appeal?
It is never too late to stop your appeal if you decide against your decision, or if other circumstances interfere with your ability to appeal at the time.
You will need to fill out a Notice of Abandoning an Appeal form and return it to the Criminal Appeal Office.
What to do if you are not granted permission to appeal
If you are not granted permission to appeal, you have the right to ask for a second time (renewing your application).
Harewood Law takes cases where there has been a miscarriage of justice very seriously, because nobody should face sentences that don’t reflect the nature of the crime. Our expert Criminal Appeal Solicitors will review your case with an open mind and consider all the evidence carefully.
Our aim is to give every person a chance to fight for justice, as the law allows.
Contact Harewood Law today.
0333 3448377 | info@harewoodlaw.com
