Criminal Appeals in England & Wales: Grounds and Time Limits

If you or someone close to you has been convicted or sentenced in the Crown Court, you are probably asking one straightforward question: can the decision be challenged?

The answer can be yes — but a criminal appeal is not simply a second opportunity to argue the case. There are specific legal grounds, procedures and deadlines. In most cases the strength of an appeal depends on going back through the case papers, evidence, transcripts, directions, sentencing remarks and the reasons given for the original decision.

Case Review UK provides independent case reviews for prisoners, ex-prisoners and their families. Reviews are carried out by senior UK lawyers and barristers, with an AI pre-scan used as a document-review tool before findings are verified by a senior legal professional.

What is a criminal appeal?

A criminal appeal is the legal process for challenging a conviction or sentence. For Crown Court cases, appeals against conviction or sentence generally go to the Court of Appeal (Criminal Division), which has its own procedures and requirements; the judiciary's guidance for the Division was updated in March 2026.

An appeal is therefore very different from asking another lawyer to look at the case and disagree with the outcome. The question is whether there are proper grounds for the Court to intervene.

Appealing a Crown Court conviction

GOV.UK confirms a person can apply for permission to appeal a Crown Court conviction, normally within 28 days of the date of conviction. The court decides whether permission should be granted; a successful appeal may result in the conviction being quashed. Believing a conviction was wrong is not enough on its own — there must be a properly arguable basis.

Appealing a Crown Court sentence

Permission can also be sought to appeal a sentence, normally within 28 days of the date of sentence. A sentence appeal can involve whether the wrong sentencing approach was used, a guideline was misapplied, mitigation was overlooked, the sentence was unlawful or wrong in principle, or the sentence was arguably excessive.

The 28-day deadline

For a Crown Court appeal: 28 days from conviction for a conviction appeal, and 28 days from sentence for a sentence appeal. Missing the deadline does not necessarily end matters — an out-of-time application can be made — but an explanation for the delay is required and an extension is never automatic. There is more detail on appeal time limits.

Common grounds of appeal

• Errors of law — an incorrect legal direction or a legal error affecting the trial
• Jury misdirection — a material error in the judge's directions
• Fresh evidence — evidence not available or not properly considered at trial (new evidence does not automatically overturn a conviction)
• Procedural unfairness — problems affecting the fairness of the trial
• Disclosure issues — questions about prosecution disclosure and whether the conviction is safe
• Sentencing errors — law or guidelines applied incorrectly, or a sentence wrong in principle

What should be reviewed?

A proper appeal review is rarely based on one document. Depending on the case it can involve the indictment, prosecution and defence evidence, witness statements, expert evidence, exhibits, disclosure material, trial transcripts, the judge's directions, sentencing remarks, previous legal advice, earlier grounds of appeal and appeal decisions, new evidence and relevant correspondence.

That is why a large file is hard for a prisoner or family member to assess alone: the point that matters may be buried in hundreds of pages.

If the first appeal was unsuccessful

An unsuccessful appeal does not always mean every route has ended. Depending on circumstances the case may be suitable for the Criminal Cases Review Commission. The CCRC says anyone who believes they have been wrongly convicted in England, Wales or Northern Ireland can ask it to review their case, although applicants are usually expected to have appealed first. That is a separate process from a Court of Appeal application.

If you have already appealed

A detailed review becomes especially useful here: what grounds were raised, what evidence was considered, what the Court decided, whether new evidence now exists, whether a legal issue was missed, whether the CCRC is relevant, and what realistic options remain. Case Review UK offers both Conviction Appeal Support and CCRC Application Support for appropriate cases.

How a review helps

Our appeal review examines the conviction, the sentence, potential grounds, the evidence, procedural issues, deadlines, previous appeal decisions and possible next steps. The Full Case Assessment is a detailed review of a complete case file, with a written assessment, rated grounds and an action plan. If you are unsure whether there is anything worth pursuing, start with the Triage Review.

Do not wait for the deadline

Start with the documents. Review the evidence. Identify the legal issue. Then get advice on the route available — rather than assuming something is a ground because it felt unfair. Families helping from outside can begin at support for families.

Reviewed by senior UK lawyers and barristers. Fixed fee. Fully online. Strictly confidential. Start your case review.

Case Review UK provides independent legal case review and guidance. We do not act as solicitor of record and cannot guarantee any outcome. This article is general information about England and Wales at the date of publication, not legal advice. Always obtain advice from an appropriately qualified legal professional about your individual circumstances.