Appeals, References and Post-Conviction Review: Introduction

This chapter explains how to challenge a criminal decision in England and Wales without choosing the wrong court, missing the relevant deadline or asking for a remedy that the court cannot give. The method is originating jurisdiction → decision challenged → applicant → route and destination → test and permission → time limit → remedy and risk. Start with the decision, not with the wish to “appeal”.

Before studying appeals, understand the distinction between a plea, a conviction and a sentence from Trial Sequence, Burdens, Jury Control and Advocacy, and the sentencing process and bail principles. A conviction establishes guilt; a sentence determines the punishment or other disposal. An indictment is the document containing the charges for trial in the Crown Court. A committal for sentence sends an already-convicted person to the Crown Court to be sentenced; it is not a trial on indictment. These distinctions determine the appeal route. Sentencing merits, disputed sentencing facts and bail remain important, but an appeal does not restart their underlying rules.

By the end, you should be able to advise whether a client needs a fresh hearing, a legal challenge on stated facts, supervisory review or a criminal appeal; identify whose permission is required; calculate the correct clock; and explain both the possible remedy and any risk of a more severe sentence. “Higher court”, “unfair” and “new evidence” are starting descriptions, not complete legal answers.