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.
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
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.