Appeals from the crown court
Where your case has been heard in the Crown Court, other than on appeal, you can give notice of appeal to the Court of Appeal (Criminal Division) within 28 days of the decision to be appealed. Thus, if you appeal against conviction after your trial, you may have to give notice to the court before you are actually sentenced. The notice must state your grounds of appeal.
Your original Crown Court Representation order includes advice on appeal from your advocate and the drafting of grounds if appropriate. These appeals are not a rehearing. The Court of Appeal will consider written and oral arguments but rarely hear fresh evidence and will only intervene in an appeal against conviction if the conviction is shown to be 'unsafe'. Where the appeal is against sentence only, the Court of Appeal does not have the power to increase the sentence, but will only reduce it where it is shown to be 'wrong in principle' or 'manifestly excessive'.
The prosecution can also refer serious cases to the Court of Appeal where they consider the Crown Court sentence passed was 'unduly lenient', in which case your sentence may be increased.
Your application will first be considered by a single judge who can grant or refuse leave to appeal. If leave is refused you can ask for the decision to be determined by the full court. If leave is granted a Representation Order is likely to be granted for you to be represented by an advocate at your appeal. If leave is refused the single judge has power to direct that time spent in prison already does not count towards your sentence, thus effectively lengthening it. This power is rarely used at this stage but if you are refused leave to appeal and go on to pursue your appeal in the full court, the full court has the same power and will be more likely to use it.
Lastly, there is always the risk of being ordered to pay the costs of an unsuccessful appeal but, again, this is unlikely if leave has been granted.
Appeal from the Court of Appeal
There is a limited right of appeal to the House of Lords but only where a point of law of 'general public importance' is certified. The procedure is arcane and you will certainly need the help of a lawyer in these circumstances.
Your original Crown Court Representation order includes advice on appeal from your advocate and the drafting of grounds if appropriate. These appeals are not a rehearing. The Court of Appeal will consider written and oral arguments but rarely hear fresh evidence and will only intervene in an appeal against conviction if the conviction is shown to be 'unsafe'. Where the appeal is against sentence only, the Court of Appeal does not have the power to increase the sentence, but will only reduce it where it is shown to be 'wrong in principle' or 'manifestly excessive'.
The prosecution can also refer serious cases to the Court of Appeal where they consider the Crown Court sentence passed was 'unduly lenient', in which case your sentence may be increased.
Your application will first be considered by a single judge who can grant or refuse leave to appeal. If leave is refused you can ask for the decision to be determined by the full court. If leave is granted a Representation Order is likely to be granted for you to be represented by an advocate at your appeal. If leave is refused the single judge has power to direct that time spent in prison already does not count towards your sentence, thus effectively lengthening it. This power is rarely used at this stage but if you are refused leave to appeal and go on to pursue your appeal in the full court, the full court has the same power and will be more likely to use it.
Lastly, there is always the risk of being ordered to pay the costs of an unsuccessful appeal but, again, this is unlikely if leave has been granted.
Appeal from the Court of Appeal
There is a limited right of appeal to the House of Lords but only where a point of law of 'general public importance' is certified. The procedure is arcane and you will certainly need the help of a lawyer in these circumstances.
