How long do I have to appeal my sentence?

If you were sentenced by a magistrates' court, you must lodge a notice of appeal within 21 days of the sentence. No permission is required for this appeal. If you were sentenced in the Crown Court, you must apply for leave to appeal to the Court of Appeal Criminal Division within 28 days of the sentence. These deadlines are strict, and extensions are rarely granted.

What happens when I appeal a magistrates' court sentence?

An appeal from the magistrates' court to the Crown Court is a complete rehearing. The Crown Court hears the evidence again and can impose any sentence the magistrates could have imposed. This includes the possibility of increasing your sentence if the prosecution cross-appeals. In contrast, a Crown Court appeal to the Court of Appeal is not a rehearing but a review of the original decision.

What does 'manifestly excessive' mean for my appeal?

The Court of Appeal will only allow an appeal against a Crown Court sentence if it is 'manifestly excessive' or based on a material error of principle. 'Manifestly excessive' means the sentence is outside the range of sentences a reasonable sentencing judge could have passed. It does not simply mean the sentence is longer than in a similar reported case, as appeals are decided on a fact-specific basis.

What if the single judge refuses my permission to appeal?

If a single judge refuses your application for leave to appeal a Crown Court sentence, you can renew the application before the full court at an oral hearing. You have 14 days to do this. Be aware that if you renew and lose, the court may order that time spent in custody does not count towards your sentence if the appeal is considered clearly unarguable.

Do I need a solicitor to appeal my sentence?

You should instruct a solicitor immediately, ideally the same day as your sentence, to ensure deadlines are met. They must obtain the transcript of the sentencing remarks to draft specific grounds of appeal. Legal aid is available for criminal appeals if the case meets the merits test, and a representation order should be sought without delay.

What are valid grounds for appealing a sentence?

The Sentencing Council’s guidelines are the starting point for most sentences. If the judge departed from these guidelines without giving adequate reasons, or failed to give proper credit for a guilty plea, this may constitute an error of principle. Vague grounds, such as simply stating the sentence was too long, will likely be refused leave by the Court of Appeal.

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criminal-law

Updated 2026-05-16

England & Wales

You Want to Appeal Your Sentence

You have been sentenced by a magistrates' court or the Crown Court and believe the sentence is manifestly excessive or based on an error. This page explains the routes of appeal, the time limits, and what 'manifestly excessive' means in practice.

Act quickly — read the legal-basis and first-actions sections before anything else.

This page mainly applies to England and Wales. Scotland and Northern Ireland may have different rules — check the jurisdiction before relying on this information.

Quick Answer

From the magistrates' court, appeal to the Crown Court within 21 days (no permission needed, full rehearing). From the Crown Court, appeal to the Court of Appeal Criminal Division within 28 days, but you need leave (permission) from a single judge. Both routes require immediate instruction of a solicitor — the deadlines are strict.

Full Explanation

If you were convicted and sentenced in the magistrates' court, you have a right of appeal to the Crown Court under the Magistrates' Courts Act 1980 s.108. The appeal is a complete rehearing of the case — the Crown Court hears the evidence again and can impose any sentence the magistrates could have imposed, including a more severe one if the prosecution cross-appeals. You must lodge a notice of appeal within 21 days of sentence. No permission is needed.

If you were sentenced in the Crown Court (whether on conviction or committal for sentence), you can appeal to the Court of Appeal Criminal Division under the Criminal Appeal Act 1968 ss.9–11. You must apply for leave (permission) from a single judge within 28 days of sentence. If the single judge refuses leave, you can renew before the full court. The Court of Appeal will only allow an appeal against sentence if the sentence was 'manifestly excessive' — meaning outside the range of sentences a reasonable sentencing judge could have passed — or where there was a material error of principle.

The Sentencing Guidelines issued by the Sentencing Council for England and Wales are the starting point for all Crown Court sentences and most magistrates' court sentences. If the sentencing judge departed from the guidelines without giving adequate reasons, that is a ground of appeal. Likewise, if the judge failed to give proper credit for a guilty plea (usually one-third for an early plea, reducing to one-tenth on the day of trial), that is an error of principle.

HM Attorney General also has a power to refer sentences that are unduly lenient for certain serious offences to the Court of Appeal under the Criminal Justice Act 1988. If you are the victim or a member of the public who believes a Crown Court sentence is unduly lenient, you can ask the Attorney General to consider a reference — but this must be done within 28 days of sentence.

Legal aid is available for criminal appeals provided the case meets the merits test. A representation order should be sought immediately. Do not delay — extension of time applications are rarely granted and the courts take a strict approach to the 28-day deadline.

Legal Basis

§Criminal Appeal Act 1968, ss.9–11 — Provides the right to appeal against sentence imposed by the Crown Court to the Court of Appeal Criminal Division, and establishes the 'manifestly excessive' test.
§Magistrates' Courts Act 1980, s.108 — Provides the right to appeal from the magistrates' court to the Crown Court, including against sentence only.
§Criminal Justice Act 1988, ss.35–36 — Gives the Attorney General the power to refer unduly lenient sentences for certain serious offences to the Court of Appeal.

What To Do

Instruct a Solicitor Immediately

Contact your trial solicitor or instruct a new criminal defence solicitor the same day as sentence if you think you may want to appeal. They must obtain the transcript of the sentencing remarks before drafting grounds of appeal. Legal aid can be extended to cover an appeal.

File Notice of Appeal Within the Deadline

For a magistrates' court appeal: file form at the magistrates' court or Crown Court within 21 days. For a Crown Court appeal: file Form NG (Notice and Grounds of Appeal) at the Crown Court within 28 days of sentence. Both deadlines can only be extended by the relevant court — do not assume an extension will be granted.

Draft Grounds of Appeal With Counsel

Grounds of appeal must identify specific errors: departure from sentencing guidelines without adequate reasons, failure to give credit for guilty plea, wrong offence category, wrong harm/culpability assessment, double-counting of aggravating features. Vague grounds ('sentence was too long') will be refused leave.

The Single-Judge Permission Stage (Crown Court Appeals)

The application for leave is first considered by a single judge of the Court of Appeal on paper, without a hearing. If leave is refused, you have 14 days to renew the application before the full court at an oral hearing. If you renew and lose, the court may order that time spent in custody does not count towards your sentence.

Consider Extension of Time If Deadline Has Passed

If the 28-day deadline has passed, you must apply for an extension of time and explain the delay. The court applies a strict test — the explanation must be cogent and the grounds of appeal must be strong. Late applications without proper explanation will almost always be refused.

Important Deadlines

File notice of appeal against magistrates' court sentenceWithin 21 days of sentence (Magistrates' Courts Act 1980 s.108)

File notice and grounds of appeal against Crown Court sentenceWithin 28 days of sentence (Criminal Appeal Act 1968 s.18)

Important Warnings

An appeal against sentence from the magistrates' court to the Crown Court is a full rehearing. The Crown Court can increase the sentence as well as reduce it if the prosecution asks the court to do so.

Renewing a refused leave application to the full Court of Appeal carries a risk that the court will direct that time on remand does not count if the appeal is clearly unarguable.

Sentence guidelines cases are decided on a fact-specific basis. Even if your sentence appears longer than a similar reported case, the Court of Appeal will not interfere unless it is outside the range of reasonable sentences.

Frequently asked questions

How long do I have to appeal my sentence?: If you were sentenced by a magistrates' court, you must lodge a notice of appeal within 21 days of the sentence. No permission is required for this appeal. If you were sentenced in the Crown Court, you must apply for leave to appeal to the Court of Appeal Criminal Division within 28 days of the sentence. These deadlines are strict, and extensions are rarely granted.
What happens when I appeal a magistrates' court sentence?: An appeal from the magistrates' court to the Crown Court is a complete rehearing. The Crown Court hears the evidence again and can impose any sentence the magistrates could have imposed. This includes the possibility of increasing your sentence if the prosecution cross-appeals. In contrast, a Crown Court appeal to the Court of Appeal is not a rehearing but a review of the original decision.
What does 'manifestly excessive' mean for my appeal?: The Court of Appeal will only allow an appeal against a Crown Court sentence if it is 'manifestly excessive' or based on a material error of principle. 'Manifestly excessive' means the sentence is outside the range of sentences a reasonable sentencing judge could have passed. It does not simply mean the sentence is longer than in a similar reported case, as appeals are decided on a fact-specific basis.
What if the single judge refuses my permission to appeal?: If a single judge refuses your application for leave to appeal a Crown Court sentence, you can renew the application before the full court at an oral hearing. You have 14 days to do this. Be aware that if you renew and lose, the court may order that time spent in custody does not count towards your sentence if the appeal is considered clearly unarguable.
Do I need a solicitor to appeal my sentence?: You should instruct a solicitor immediately, ideally the same day as your sentence, to ensure deadlines are met. They must obtain the transcript of the sentencing remarks to draft specific grounds of appeal. Legal aid is available for criminal appeals if the case meets the merits test, and a representation order should be sought without delay.
What are valid grounds for appealing a sentence?: The Sentencing Council’s guidelines are the starting point for most sentences. If the judge departed from these guidelines without giving adequate reasons, or failed to give proper credit for a guilty plea, this may constitute an error of principle. Vague grounds, such as simply stating the sentence was too long, will likely be refused leave by the Court of Appeal.

Official Resources

Court of Appeal Criminal Division — Guidance for appellants →GOV.UK — Appeal a magistrates' court decision →Sentencing Council — Definitive Guidelines →