Appealing a conviction in the Crown Court
Produced in partnership with Doughty Street Chambers
Appealing a conviction in the Crown Court

The following Corporate Crime guidance note Produced in partnership with Doughty Street Chambers provides comprehensive and up to date legal information covering:

  • Appealing a conviction in the Crown Court
  • Statutory basis for appealing conviction to the Crown Court
  • Procedure for appealing conviction to the Crown Court
  • Bail pending appeal
  • Duties on respondents to appeals in the Crown Court
  • Role of the magistrates’ court in relation to appeals
  • CCRC references to the Crown Court
  • Appeal hearing in the Crown Court

This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the magistrates’ court to the Crown Court.

Further detailed guidance on appeals in the Court of Appeal, Criminal Division can be found in the following Practice Notes:

  1. Starting an appeal in the Court of Appeal Criminal Division (CACD)

  2. Criminal appeals—reopening final determinations

  3. Appeal on fresh evidence in criminal cases

  4. Prosecution right to appeal—terminatory rulings

  5. Conducting an appeal in the Court of Appeal Criminal Division (CACD)

  6. Criminal appeals—certificates of fitness to appeal from the Crown Court

For detailed information on the right to appeal against a sentence passed in the magistrates’ court, see Practice Note: Appeal against sentence in the Crown Court.

Statutory basis for appealing conviction to the Crown Court

A defendant has a right of appeal from the magistrates' court to the Crown Court following a plea of not guilty against their conviction. They can appeal against their conviction, sentence or both.

A defendant who pleaded guilty in the magistrates' court may only appeal their sentence.

For further information on an appeal to the Crown Court against sentence, see Practice Note: Appeal against sentence in the Crown Court.

A defendant cannot appeal because they have subsequently changed their mind and now believe that they have a defence. The exceptions