UK CRIMINAL APPEAL COURT PROCEDURE ADVICE

UK criminal appeal court procedure can appear to be complicated as there are two possible starting points with different routes to challenge decisions of the courts as outlined below:-

Magistrates Court


In cases decided in the magistrates court an accused may believe that the decision was wrong in law or that the Magistrates exceeded their jurisdiction and in these cases an application can be made by way of “case stated” to the Queens Bench Division (QBD) of the High Court. Both the prosecution and defence can use this procedure which means that the prosecution can have a Magistrates Court acquittal overturned. Taking a case to the QBD is not a retrial. There is no oral evidence and the two or three sitting judges read the original documents submitted in the initial case and listen to barrister’s arguments before affirming, reversing or amending the Magistrates decision. There is a further application possible to the House of Lords on a point of law with the leave of the QBD or the House of Lords. The House of Lords hearing is not a retrial. The judges read all the original documents submitted in the initial case and listen to barristers arguments before making a majority decision.

The criminal appeal court procedure to challenge conviction or sentence in the Magistrates court is by way of a re-hearing before a Circuit Judge or a Recorder sitting in the Crown Court with two lay magistrates and is subject to another appeal, in certain circumstances, by way of “case stated” to the QBD as outlined above.

Crown Court


The defendant has the right of appeal against conviction or sentence and the prosecution can appeal against a point of law or against an unduly lenient sentence. The application is heard by the Court of Appeal. The hearing is not a retrial and no oral evidence is given. The Judges consider the documentation and listen to barristers arguments. The Court cannot increase the sentence but must confirm or reduce it. Criminal appeal court procedure allows a further appeal to the House of Lords on a point of law with the leave of the Court of Appeal or the House of Lords. The House of Lords hearing is not a retrial. The judges read all the original documents submitted in the initial case and listen to barristers arguments before making a majority decision.

In certain circumstances, decisions of the House of Lords can be challenged in the European Court of Human Rights and an appeal can be referred from all courts to the European Court of Justice. In addition the Criminal Cases Review Commission may refer miscarriages of justice to the Court of Appeal for reconsideration.

If you intend taking your case further you will need the help of an expert lawyer to ensure fair treatment. It is in your interests to be represented by a specialist who will give you clear advice on your legal rights. If you would like to talk to an experienced lawyer with no charge just use the help line. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged anything at all.

Enter your search terms Submit search form