← Back to blog

Appeals in Criminal Cases for SQE1

Part of our SQE1 Criminal Practice guide → View the full SQE1 Criminal Practice guide

12 Apr 2026

Understanding criminal appeal routes is essential for SQE1. Know where an appeal goes, on what grounds, and who can bring it. Master the complete appeals framework.

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 SQE1 questions may 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 common SQE1 pitfall. 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

Test yourself

Quick check questions based on this article.

Question 1

Scenario

A defendant was convicted of harassment in the magistrates' court. The magistrates found that the defendant had engaged in a course of conduct amounting to harassment of his neighbour over a period of six months. The defendant was sentenced to a fine of £800 and a restraining order was imposed. The defendant wishes to appeal against both his conviction and his sentence. His solicitor has explained that there are two possible appeal routes available from the magistrates' court. The defendant disputes the magistrates' factual findings and argues that the incidents described by the complainant were exaggerated. The defendant's main concern is that the magistrates gave too much weight to the complainant's evidence and not enough weight to the defence witnesses. The solicitor has advised that one appeal route would allow all the evidence to be heard again. The defendant originally attended the trial without legal representation but instructed his current solicitor afterwards. The complainant had also reported the incidents to the local council's anti-social behaviour team. The defendant was required to pay the fine within 28 days of the sentencing hearing.

Which of the following correctly describes the nature of an appeal to the Crown Court from the magistrates' court?

Question 2

Scenario

A defendant was convicted of dangerous driving in the Crown Court and sentenced to two years' imprisonment with a four-year driving disqualification. The defendant's counsel advised that there were grounds for appealing against sentence because the judge departed from the sentencing guidelines without giving adequate reasons. The defendant filed a notice of appeal within 28 days. The single judge considered the papers and refused leave to appeal against sentence, stating that the sentence was within the judge's discretion. The defendant now wishes to renew the application for leave to appeal to the full Court of Appeal. The defendant's solicitor has warned that if the full Court of Appeal also refuses leave, the court may direct that time spent in custody after filing the notice of appeal should not count towards the sentence. The defendant has now been in custody for six weeks since filing the notice of appeal. The defendant is concerned about the potential consequences of renewing the application. The sentencing guidelines for this category of dangerous driving indicate a range of one to three years' custody. The defendant had a clean driving record before this offence and had been employed as a lorry driver for 15 years. The defendant's employer has confirmed that his position will be held open if he is released within the next six months.

What is the effect of a direction that time spent in custody shall not count towards the defendant's sentence?

Question 3

Scenario

A solicitor represents a defendant who was convicted of burglary in the Crown Court. The defendant wishes to appeal against conviction. The solicitor has identified potential grounds for appeal relating to a misdirection by the trial judge on the element of trespass. While preparing the grounds of appeal, the defendant tells the solicitor that during the trial, his barrister failed to call a key alibi witness because the barrister forgot to arrange for the witness to attend court. The defendant wants the solicitor to include a ground of appeal based on the incompetence of trial counsel. The barrister who represented the defendant at trial is a member of the same chambers as the barrister the solicitor intends to instruct for the appeal. The solicitor's firm has a longstanding professional relationship with these chambers. The solicitor is concerned that raising the competence of trial counsel as a ground of appeal may damage the firm's relationship with the chambers. The defendant has asked the solicitor to pursue all available grounds of appeal. The solicitor has confirmed that the misdirection ground alone may not be sufficient to succeed on appeal. The alibi witness has provided a written statement confirming his availability and the substance of his evidence.

What should the solicitor do regarding the ground of appeal based on trial counsel's incompetence?

Want to test your SQE1 baseline?

Try 100 free SQE1 questions across FLK1 and FLK2, with instant feedback, full explanations and no login required.

Try 100 free SQE1 questionsTry demoView pricing

Related Topics

Practise Appeals in Criminal Cases Questions for SQE1

Not sure where you stand for SQE1? Take ActusPrep's free 100-question SQE1 diagnostic test across FLK1 and FLK2, then use your results to focus your revision.