The Appeals Process in England and Wales Criminal Law: A Comprehensive Guide

By Michael Thompson, Founder of the Falsely Accused Network

DISCLAIMER: This article does not constitute legal advice. The information provided is for general informational purposes only. Always consult a qualified solicitor or barrister for legal advice specific to your individual circumstances.

Introduction

The appeals process is a fundamental safeguard within the criminal justice system of England and Wales. It provides a mechanism for reviewing decisions made by courts to ensure that justice has been properly administered. This article explores the intricacies of the appeals process, examining the various routes of appeal available, the grounds upon which appeals may be brought, and the essential elements required for a successful appeal.

The Structure of Appeals in England and Wales

The criminal appeals system in England and Wales follows a hierarchical structure that corresponds to the court hierarchy itself. The route of appeal depends on where the original case was heard:

Appeals from the Magistrates' Court

If a case was initially heard in the Magistrates' Court, there are two primary appeal routes:

1. Appeal to the Crown Court: This allows for a complete rehearing of the case. The defendant has an automatic right to appeal against conviction and/or sentence. The appeal must be lodged within 21 days of the decision, though this period can be extended in exceptional circumstances. The Crown Court has the power to confirm, reverse, or vary the decision of the Magistrates' Court.

2. Appeal by way of Case Stated: This is used for appeals on points of law and is heard by the Divisional Court of the King's Bench Division of the High Court. Either the prosecution or defence can use this route. The appeal must be initiated within 21 days of the decision by requesting the magistrates to state a case for the opinion of the High Court.

Court of Appeal, London

Appeals from the Crown Court

For cases tried in the Crown Court, appeals are directed to the Court of Appeal (Criminal Division):

1. Appeal against conviction: The defendant needs permission (leave) to appeal, which can be granted either by the Crown Court judge or by the Court of Appeal itself. The appeal must normally be lodged within 28 days of conviction.

2. Appeal against sentence: Similarly, leave to appeal is required, and the same time limit of 28 days applies.

3. Attorney General's References: The Attorney General can refer sentences considered unduly lenient to the Court of Appeal for review. This must be done within 28 days of the sentencing decision.

Appeals to the Supreme Court

From the Court of Appeal, cases may proceed to the Supreme Court, but only on points of law of general public importance. Both the Court of Appeal and the Supreme Court must certify that the case involves such a point, and permission to appeal is required from either the Court of Appeal or the Supreme Court.

Grounds for Appeal

The grounds upon which an appeal may be brought vary depending on the court and the nature of the appeal:

Appeals against Conviction

Typical grounds for appealing a conviction include:

1. Misdirection by the judge: Where the judge has incorrectly advised the jury on matters of law or has misdirected them on how to approach the evidence.

2. Procedural irregularity: Where there has been a significant departure from proper legal procedure during the trial.

3. Admission of inadmissible evidence: Where evidence that should have been excluded was allowed to be presented to the jury.

4. Fresh evidence: Evidence that was not available at the trial but has subsequently come to light.

5. Perverse verdict: Where the verdict is so against the weight of evidence that no reasonable jury could have reached it.

The Court of Appeal will only allow an appeal against conviction if it considers the conviction "unsafe." This terminology replaced the previous test of "unsatisfactory or unsafe" following the Criminal Appeal Act 1995.

Appeals against Sentence

Appeals against sentence typically argue that the sentence imposed was:

1. Manifestly excessive: Significantly harsher than warranted by the circumstances of the offence and the offender.

2. Wrong in principle: Where the sentencing court applied incorrect sentencing principles or guidelines.

3. Wrong in law: Where the court exceeded its powers or imposed a sentence not permitted by statute.

Key Elements for a Successful Appeal

Achieving success in the appeals process requires several critical elements:

1. Valid Grounds for Appeal

The most fundamental requirement is having valid grounds for appeal. The appeal must be based on a substantial legal error, procedural irregularity, or new evidence that could have affected the outcome of the case. Mere disagreement with the verdict or sentence is insufficient.

2. Compliance with Procedural Requirements

Appeals must adhere strictly to procedural requirements, including:

- Filing within the specified time limits

- Using the correct forms and documentation

- Providing all required information

- Paying any necessary fees or applying for fee exemptions

- Serving appropriate notices on all relevant parties

Failure to comply with these procedural aspects can result in the appeal being rejected without consideration of its merits.

3. Fresh Evidence (where applicable)

When an appeal is based on fresh evidence, the Court of Appeal will consider:

- Whether the evidence is capable of belief

- Whether it would have been admissible at trial

- Whether there is a reasonable explanation for the failure to adduce it at trial

- Whether it might have affected the outcome of the proceedings

The Court applies the test established in R v Pendleton [2001] UKHL 66, asking whether the fresh evidence might reasonably have affected the decision of the jury to convict.

4. The "Substantial Injustice" Test

For appeals against conviction, the Court of Appeal must be satisfied that a substantial injustice has occurred. The test is not whether the appellant is innocent, but whether the conviction is unsafe due to a significant error in the trial process.

5. Skilled Legal Representation

Given the complexities of the appeals process, skilled legal representation is often crucial. An experienced appellate advocate can:

- Identify the strongest grounds for appeal

- Frame legal arguments effectively

- Navigate procedural complexities

- Present oral arguments persuasively

- Respond to judicial questioning

6. Thorough Preparation

Successful appeals require meticulous preparation, including:

- Comprehensive review of the trial transcript

- Detailed analysis of the judge's directions to the jury

- Examination of all evidence presented at trial

- Research of relevant case law and statutory provisions

- Careful drafting of skeleton arguments

## Common Pitfalls in the Appeals Process

Several common issues can undermine an appeal's prospects:

1. Seeking to re-argue the facts: The appellate courts are generally reluctant to interfere with findings of fact made by the trial court, particularly regarding witness credibility.

2. Raising new arguments: Points not raised at trial may be difficult to pursue on appeal unless they relate to fundamental errors of law or procedure.

3. Inadequate grounds: Vague or poorly articulated grounds of appeal are unlikely to succeed. Grounds must be specific and substantiated.

4. Procedural defaults: Missing deadlines or failing to comply with procedural requirements can be fatal to an appeal.

5. Unrealistic expectations: The appeals process is not a second trial but a review of the original proceedings for legal errors.

Recent Developments in Appeals Law

The appeals system has evolved in recent years, with notable developments including:

1. Increased emphasis on finality: The courts have placed greater emphasis on the finality of proceedings, making it more challenging to succeed on appeal.

2. Reforms to the Criminal Cases Review Commission (CCRC): The CCRC, established following the Criminal Appeal Act 1995, can refer potential miscarriages of justice to the Court of Appeal. Recent reforms have aimed to improve its effectiveness.

3. Impact of Human Rights legislation: The Human Rights Act 1998 has influenced the appeals process, particularly regarding the right to a fair trial under Article 6 of the European Convention on Human Rights.

Conclusion

The appeals process in English criminal law provides an essential safeguard against miscarriages of justice. However, it is a complex and technical area of law that requires careful navigation. Success on appeal depends not only on having valid grounds but also on meticulous preparation, compliance with procedural requirements, and skilled legal representation. While the system aims to correct errors and ensure justice, it also balances this against the need for finality in criminal proceedings.

At the Falsely Accused Network, we have seen firsthand how navigating the appeals process can be overwhelming for those wrongfully convicted. For those seeking to appeal a criminal conviction or sentence, early consultation with specialists in appellate advocacy is strongly advised to assess the prospects of success and to ensure that the appeal is properly prepared and presented. The appeals process is not simply a second chance at trial but a specific legal remedy designed to address substantial errors in the original proceedings.

*Remember: This article is intended for informational purposes only and does not replace professional legal advice. If you believe you have grounds for an appeal, please consult with a qualified legal professional immediately.*