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

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Criminal appeals—certificates of fitness to appeal from the Crown Court
  • Statutory basis for an appeal against conviction in the Crown Court
  • Crown Court certificate that matter is fit for appeal
  • Grounds for appealing conviction and sentence
  • Bail pending appeal
  • Certificate granted—what next?
  • Duty of the Crown Court officer on receiving notice of an appeal

Statutory basis for an appeal against conviction in the Crown Court

Section 1 of the Criminal Appeal Act 1968 (CAA 1968) provides two routes to appeal a conviction in the Crown Court:

  1. by making an application for and obtaining leave to appeal from the Court of Appeal, and

  2. by obtaining a certificate that the case is fit for appeal within 28 days of the date of the conviction from the trial judge

CAA 1968, s 11 makes similar provision for sentence appeals: a judge may certify that the case is fit for appeal under CAA 1968, ss 9 or 10 within 28 days from the date on which the sentence was passed.

This Practice Note is concerned with the ability of the trial judge to grant a certificate under CAA 1968, s 1(2)(a) and CAA 1968, s 11(1A).

For detailed guidance on commencing an appeal against conviction and/or sentence to the Court of Appeal, Criminal Division, see Practice Note: Starting an appeal in the Court of Appeal Criminal Division (CACD).

See also: Appeal to the Court of Appeal (Criminal Division)—checklist.

For detailed guidance on the procedure which takes place in the Court of Appeal on an appeal, see Practice Note: Conducting an appeal in the Court of Appeal Criminal Division (CACD).

Crown Court certificate that matter is fit for appeal

A defendant does not