The right to a fair trial is a fundamental human right which is deeply enshrined in our legal system.

When something goes wrong in the trial process and this right is denied, there is a readily available, robust system of appeals to correct any injustice.

There are numerous avenues of appeal. Precisely which route any potential appellant takes will depend on the circumstances of the particular case.

Appealing a Magistrates’ Court conviction or sentence

There is an automatic right of appeal against any conviction or sentence made in the Magistrates’ Court.

Any such appeal goes to the Crown Court and need not be supported by any specific grounds. There is a 21 day time limit from the date of disposal of the case at the Magistrates’ Court to lodge the appeal. It is possible to make an application for permission to appeal after this period, but you would have to have a very good explanation for the delay.

An appeal against a Magistrates’ Court’s conviction or sentence takes the form of a fresh trial. This is not heard by a jury but by a Crown Court judge sitting alongside lay magistrates.

At the conclusion of the new trial sentence will be “at large” which means the court has the power to impose any sentence which would have been available in the Magistrates’ Court. If the appeal is not successful, there is a risk that the sentence could be more severe than that originally imposed.

There is no right of onward appeal to the Court of Appeal. However, it may be possible to make an application to the Criminal Cases Review Commission.

Appealing a Magistrates’ Court decision to the High Court

A Magistrates’ Court’s decision can be appealed to the High Court only if there has been an error in law. In these cases the convicted individual can either apply to the High Court to Judicially Review the decision, or ask the magistrates to “state a case” for the consideration of the High Court.

Judicial Review applications must be made “promptly”. Applications to “state a case” must be made within 21 days from the date of disposal of the case.

Anyone considering either of these approaches is advised to seek expert legal advice as early as possible.

Appealing a Crown Court conviction or sentence

Anyone convicted by a jury at the Crown Court should, as a matter of course, receive written advice on appeal from their trial counsel.

One can only appeal against conviction to the Court of Appeal if there are grounds to do so. Any application for permission to appeal a conviction must be lodged within 28 days of conviction.

If there are grounds to argue that the sentence imposed by the judge was manifestly excessive, the convicted individual has 28 days from the date of sentence to lodge an application for permission to appeal.

It is important to note that any appeal to the Court of Appeal must have a good evidential basis. A prisoner who makes a frivolous appeal risks being served with an order that a proportion of time already served should not count towards sentence.

Appeals to the Supreme Court and the European Court of Human Rights

It is possible, in certain strictly defined circumstances, to apply for permission to appeal appropriate cases to the Supreme Court. Any such appeal must involve a matter of law of general public importance.

Similarly, in cases where someone has been denied the rights and guarantees enshrined in the European Convention on Human Rights, it may be possible to make an application to the European Court of Human Rights for a declaration that the UK has breached the Convention or its Protocols.

Anyone seeking to make any such appeals should seek expert legal advice first.

Attorney General’s References to the Court of Appeal

In addition to a convicted person’s right of appeal, the Attorney General also has the ability to refer a case to the Court of Appeal if he/she considers a sentence to have been “unduly lenient”. The Court of Appeal is able to reassess the sentence and, if it deems it necessary, increase it.

Anyone whose case is referred to the Court of Appeal by the Attorney General is advised to obtain specialist legal representation as soon as possible.

Expertise

Hickman & Rose has a long history of criminal appeals work and has acted in some of the most significant miscarriage of justice matters in recent years.

High profile matters include achieving the quashing of the convictions of Stephen Simmons, as well as members of the so-called “Oval Four” and the so-called “Stockwell Six” at the Court of Appeal. The firm also secured the CCRC referral of the murder conviction of Lee Firkins to the Court of Appeal.

The firm’s team of specialist criminal defence lawyers offers expert legal advice at every stage of the appeal process, from advising on the relative risks of appealing, to preparing the case, to representation at appeal.

The firm’s long experience in this area means its lawyers are expert in identifying any trial irregularities which may have impacted the jury’s verdicts and also in assessing the significance of any new evidence which has come to light, which was not available at the time of trial.

We specialise in offering second legal opinions to clients who fear their initial legal representation may have been insufficient. In addition to identifying new avenues of potential appeal, we have experience achieving time extensions for clients who, through no fault of their own, missed the initial deadline to appeal.

The firm has also successfully opposed a number of applications by the Attorney General to refer an “unduly lenient” sentence to the Court of Appeal.