Appeal Time Limits: The 28-Day Rule Explained

You have 28 days to start an appeal against a Crown Court conviction or sentence — and that clock starts running the day you are convicted or sentenced, not the day you decide you want to appeal.

That single fact catches out more people than almost anything else in the appeal system. Here is what the 28 days covers, what happens if you have missed it, and what the court expects from a late application.

Where the 28 days comes from

The deadline is set by section 18(2) of the Criminal Appeal Act 1968. Notice of appeal, or notice of application for leave to appeal, must be given "within twenty-eight days from the date of the conviction, verdict or finding appealed against, or in the case of appeal against sentence, from the date on which sentence was passed". Rule 39.2(1) of the Criminal Procedure Rules says the same in practical terms.

When the clock actually starts

• Appealing your conviction — 28 days from the date you were convicted, even if you were sentenced weeks later.
• Appealing your sentence — 28 days from the date you were sentenced.
• Appealing another order made on conviction — 28 days from the date that order was made.

So if you were convicted in March and sentenced in May, the conviction appeal was due 28 days after the March date and the sentence appeal 28 days after the May date. Two deadlines, same case. There is more detail on appeal time limits here.

Appeals from the magistrates' court are different

If your case was dealt with in the magistrates' court and you want to appeal to the Crown Court, the limit is much shorter: 15 business days under rule 34.2 of the Criminal Procedure Rules. For an appeal against conviction or a finding of guilt, that period runs from the date of sentence, the date sentence was deferred, or the date of committal for sentence — whichever came first.

What has to be sent within the 28 days

An appeal is not started by writing a letter saying you are unhappy. The Court of Appeal's own guide (March 2026) says Form NG and the grounds of appeal must be lodged directly with the Registrar within 28 days.

"Grounds of appeal" means the specific legal reasons the conviction is unsafe or the sentence is wrong — not a general account of why the outcome felt unfair. Rule 39.3 requires the notice to identify each ground. Leave (permission) is needed in almost every case unless the trial judge certifies the case fit for appeal — and the judge has only 28 days to do that.

You do not need a legal representative to apply. But advocates "should not settle or sign grounds of appeal unless they consider that they are properly arguable", which tells you the standard being applied to what lands on the court's desk. Our appeal review exists to test exactly that.

Missing the deadline is not automatically the end

Section 18(3) of the 1968 Act gives the Court of Appeal power to extend time "either before or after it expires". If you are late, you will need to explain why you could not send your application in on time. That power is real. It is also not a formality.

What the court wants from a late application

The Court of Appeal guide says time limits are "intentionally strict", and that an application to extend time must be served with the notice of appeal and "must always set out cogent reasons for the delay for the whole period". A gap of three years needs three years accounted for — not just the first few weeks. A chronology is suggested where a long extension is sought.

The merits of the underlying appeal matter too. Where there is something in the application for leave, the case is likely to be referred to the full Court to decide the extension and the leave application together. A strong point can carry a weak explanation for delay further than a weak point ever will.

The permission stage, and the renewal deadline

Applications are first considered by a single judge, who can grant leave, grant limited leave, refuse leave, or refer it to the full Court. If leave is refused, there is another deadline: 14 days to serve a renewal notice. An application automatically lapses 28 days after refusal if it has not been renewed.

An honest warning about loss of time orders

The court can order that time spent waiting does not count towards your sentence, to deter unmeritorious applications. Current practice is not to make these orders at the single judge stage; the risk arises on renewal to the full Court where an application is wholly without merit. The effect is blunt: you spend longer in custody. Such an order cannot be made where leave has been granted, where the case comes by way of a CCRC reference, or where an application has been abandoned.

This is not a reason to give up on a good point. It is a reason to be sure the point is real before renewing.

Where the CCRC fits in

The Criminal Cases Review Commission is not a second chance at the 28 days. Applications are usually made after all other avenues have been explored, and it accepts very few cases from people who have not tried to appeal first. Missing a deadline, discouraging legal advice, or being unable to find representation do not on their own qualify as a good reason for not appealing. To refer a case, the CCRC must find a real possibility that the appeal court will overturn the conviction or reduce the sentence, and it will almost always need new evidence.

What this means for you

If you were convicted or sentenced in the last few weeks, the date matters more than anything else right now. If the 28 days has gone, you have not lost the right to ask — but you have taken on a second job: explaining the delay across the whole period, and having a point worth the court's attention.

If you do not know whether there is a point there at all, that is what is worth finding out before you spend money on anything else. An honest "no" is worth knowing early.

This article is general information about the law in England and Wales, correct at the date of publication. It is not legal advice on any individual case, and Case Review UK is not a substitute for a solicitor or for representation in court.