Court of Appeal (England & Wales)

Overview

The Court of Appeal of England and Wales is the second-most senior court of the jurisdiction, sitting below only the UK Supreme Court. It has two divisions: the Civil Division (hearing appeals from the High Court, County Court, and certain tribunals) and the Criminal Division (hearing appeals against conviction and sentence from the Crown Court). The Lord Chief Justice heads the Criminal Division; the Master of the Rolls heads the Civil Division. Cases are usually heard by three Lord/Lady Justices of Appeal.

What it handles

• Appeals from the High Court (Civil Division)
• Appeals from the County Court (with permission and where the route is appropriate)
• Appeals against conviction and sentence from the Crown Court
• Some appeals from specialist tribunals (e.g. the Upper Tribunal)
• References from the Criminal Cases Review Commission

What it does not handle

• First-instance proceedings — it is exclusively an appellate court
• Civil appeals from Scotland or Northern Ireland

Fees

• Appellant's notice (Civil Division): £1,199
• Criminal Division applications: No feeCriminal appeals are free for defendants.

Deadlines

• County or High Court judgment → 21 days to file appellant's notice (CPR 52.12)
• Crown Court conviction → 28 days to lodge grounds of appeal (Form NG)
• Crown Court sentence → 28 days to lodge appeal against sentence

Process

1. Step 1: Permission stage

   Before appealing a Crown Court conviction or sentence, you must apply for permission to appeal to the Court of Appeal Criminal Division; you do not need a legal representative, but one can help you decide if your application is likely to succeed.

2. Step 2: Apply within 28 days

   You must apply within 28 days of the date of conviction (for a conviction appeal) or the date of sentencing (for a sentence appeal), completing the relevant form and returning it by post or email.

3. Step 3: Judge reviews application

   A single judge looks at the application and decides whether to give permission to appeal.

4. Step 4: Appeal hearing

   If permission is granted, the appeal is heard by the Court of Appeal Criminal Division; the appellant's legal representative presents the case to the judges, with the prosecution also presenting if it is a conviction appeal.

5. Step 5: Renew a refused application

   If permission is refused, the applicant can renew the application, which is then reviewed by a 'full court' of 2 or 3 judges; a further refusal can lead to a costs order or a 'loss of time order'.

6. Step 6: Outcome

   If the appeal succeeds, the conviction may be overturned or the sentence reduced (or both); if it fails, the original conviction or sentence stands and cannot be appealed again through this route.

Appeals

UK Supreme Court (with permission from the Court of Appeal or the Supreme Court).

Representation

Solicitor and counsel are standard. Legal aid may be available in serious criminal appeals.

Official sources