Appeals and Post-Conviction Remedies
Routes
Magistrates' conviction or sentence: appeal to the Crown Court under MCA 1980 s.108 within 21 days. Point of law: case stated to the Divisional Court within 21 days. Judicial review: three months. Crown Court convictions: Court of Appeal Criminal Division, leave required; Criminal Appeal Act 1968 s.2 asks whether the conviction is unsafe. The CCRC can refer cases; the Attorney General can refer unduly lenient sentences under CJA 1988 s.36.
Procedure and traps
An appeal does not automatically suspend sentence; bail pending appeal is a separate application. The prosecution cannot generally appeal an acquittal, save statutory exceptions. Time limits are strict, and loss of time directions may apply. Advocates must advise on merits and realistic grounds.
Worked example
A defendant convicted after fresh alibi evidence emerges: apply to the CCRC, which investigates and may refer to the Court of Appeal. The Court may receive fresh evidence if the interests of justice require it.
Rule of thumb
Identify the correct route, the correct time limit, and whether leave is required before drafting grounds.