Appeals in Criminal Cases

Criminal Practice > Appeals in Criminal Cases

What Are Appeals in Criminal Cases?

Candidates often lose marks on SQE1 by confusing the full rehearing appeal from the Magistrates' Court to the Crown Court with the limited review appeal from the Crown Court to the Court of Appeal — a distinction examiners test repeatedly.

An appeal in a criminal case is a challenge to a conviction, sentence, or both. The appeal routes depend on which court the case was tried in — the Magistrates' Court or the Crown Court — and whether the appeal is against conviction, sentence, or a point of law. Understanding these routes is crucial, whether you're advising on a police station procedure client or reviewing trial outcomes.

The system provides safeguards against wrongful convictions and disproportionate sentences, while also allowing the prosecution to challenge unduly lenient sentences in certain circumstances. This ties closely to sentencing and court powers.

Key Principles for SQE1

Appeals from the Magistrates' Court to the Crown Court

Under s.108 MCA 1980, the defendant can appeal against conviction (if they pleaded not guilty) or sentence. The appeal is a complete rehearing before a judge and two magistrates. No leave (permission) is required.

Appeals from the Magistrates' Court by Way of Case Stated

Under s.111 MCA 1980, either the prosecution or the defence can appeal to the High Court (Divisional Court) on a point of law or that the decision was in excess of jurisdiction. This is not a rehearing — the court considers whether the magistrates applied the law correctly.

Appeals from the Crown Court to the Court of Appeal (Criminal Division)

Under the Criminal Appeal Act 1968, the defendant can appeal against conviction (s.1) or sentence (s.9). Leave (permission) is required from the Court of Appeal or the trial judge. The Court of Appeal will allow an appeal against conviction if it is 'unsafe' (s.2(1)).

Unsafe Conviction

A conviction is unsafe if there is a real possibility that the defendant was wrongfully convicted — this can arise from errors of law, fresh evidence, irregularities in the trial, or new legal developments.

Attorney General's Reference on a Point of Law

Under the Criminal Justice Act 1972, s.36, following an acquittal, the Attorney General can refer a point of law to the Court of Appeal for clarification. The acquittal is not affected regardless of the outcome.

Attorney General's Reference on Unduly Lenient Sentences

Under the Criminal Justice Act 1988, s.36, the Attorney General can refer a sentence to the Court of Appeal if it appears unduly lenient. The Court of Appeal can increase the sentence.

Criminal Cases Review Commission (CCRC)

An independent body that investigates possible miscarriages of justice. It can refer cases back to the Court of Appeal if there is a 'real possibility' that the conviction or sentence would be overturned.

Supreme Court

Both prosecution and defence can appeal from the Court of Appeal to the Supreme Court, but only on a point of law of general public importance and with leave.

Exam tip

SQE1 questions present a conviction or sentence and ask which appeal route applies. The key trap is confusing the appeal from the Magistrates' Court to the Crown Court (full rehearing, no leave required) with the appeal from the Crown Court to the Court of Appeal (not a rehearing, leave required, 'unsafe' test). Questions also test whether the prosecution can appeal — it generally cannot appeal against an acquittal, but the Attorney General can refer a point of law or an unduly lenient sentence.

How This Appears in SQE1 Questions

SQE1 questions present a conviction or sentence and ask which appeal route applies. This is a classic SQE1 trap. The key trap is confusing the appeal from the Magistrates' Court to the Crown Court (full rehearing, no leave required) with the appeal from the Crown Court to the Court of Appeal (not a rehearing, leave required, 'unsafe' test). Questions also test whether the prosecution can appeal — it generally cannot appeal against an acquittal, but the Attorney General can refer a point of law or an unduly lenient sentence.

Quick Example Scenario

A defendant is convicted of fraud in the Crown Court following a trial. During the appeal preparation, the defence discovers that a key prosecution witness lied about their qualifications, which formed a significant part of the prosecution case. The defendant seeks to appeal.

The defendant applies to the Court of Appeal (Criminal Division) for leave to appeal against conviction under s.1 of the Criminal Appeal Act 1968. The new evidence regarding the witness's dishonesty may render the conviction unsafe under s.2(1). If the Court of Appeal is satisfied there is a real possibility the conviction is unsafe, it may quash the conviction.

Common Mistakes Students Make

Confusing the appeal from the Magistrates' Court (to the Crown Court — full rehearing, no leave) with the appeal from the Crown Court (to the Court of Appeal — not a rehearing, leave required)
Forgetting that the prosecution cannot generally appeal against an acquittal — the AG reference on a point of law does not overturn the acquittal
Misapplying the 'unsafe' test — it is not about whether the Court of Appeal agrees with the verdict, but whether there is a real possibility of wrongful conviction
Overlooking the role of the CCRC in referring potential miscarriages of justice back to the Court of Appeal

Quick Summary

Criminal appeal routes provide multiple avenues for challenging convictions and sentences:

Magistrates' to Crown Court (s.108 MCA 1980): Full rehearing on conviction or sentence; no leave required
Magistrates' to High Court (s.111 MCA 1980): Case stated on point of law or jurisdiction only; not a rehearing
Crown Court to Court of Appeal (Criminal Division): Against conviction if 'unsafe' (s.1–2 Criminal Appeal Act 1968) or against sentence (s.9); leave required
Unsafe test: Real possibility of wrongful conviction due to error of law, fresh evidence, trial irregularity or legal developments
AG reference (point of law) (CJA 1972, s.36): After acquittal; clarifies law but does not overturn acquittal
AG reference (unduly lenient sentence) (CJA 1988, s.36): Court of Appeal can increase sentence if manifestly unduly lenient
CCRC: Independent investigation of potential miscarriages; can refer to Court of Appeal if 'real possibility' conviction/sentence would be overturned
Supreme Court: Appeal on point of law of general public importance; leave required; prosecution and defence both eligible

Safeguards Against Wrongful Conviction and Disproportionate Sentence

Want to test this now? Try a few SQE1-style questions below before moving on.

Test Yourself

Practise Appeals in Criminal Cases Questions for SQE1

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Appeals in Criminal Cases for SQE1