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Verdicts, convictions and sentences – what they mean

A verdict is the decision a court makes on whether you are guilty or not guilty of a crime.

A conviction is when you’re found guilty of the crime.

A sentence is the punishment a court thinks is necessary based on what crime you committed - for example, a fine or prison sentence.

You can appeal against your conviction, sentence or both.

Your conviction must have been made in a magistrates’ court in England, Wales (or a county court in Northern Ireland).

What you can appeal against

If you pleaded ‘not guilty’ at your original trial, you can appeal against your conviction and/or your sentence.

If you pleaded ‘guilty’ at your original trial, you can appeal against your sentence. It may be possible to appeal against your conviction - you should get legal advice if you’re thinking about doing this.

Getting legal advice before you appeal

It’s a good idea to get legal advice before you appeal. A legal adviser will discuss the case and advise you whether or not you have good reason to appeal.

If you’re on a low income (for instance, if you’re unemployed and claiming benefits), this advice may be free.

• On a low income (money, tax and benefits section)

• Find a legal adviser Opens new window

How to appeal a magistrates' court decision

If you're appealing a decision by a magistrates' court your appeal will be dealt with by a 'higher court' called the Crown Court.

The decision whether or not to agree with (uphold) the original verdict will be made by a judge and at least two magistrates. Appeal hearings are normally in public without a jury.

The process is as follows.

1. You send an appeal form to the magistrates' court

You complete and send an appeal notice form to the magistrates' court where the original trial took place.

If you're appealing against your sentence, this must be done within 21 days of the date you were sentenced.

If you’re appealing against your conviction, this must be done within 21 days of the date of your sentence. The 'date of your sentence' is either the actual date or the date your sentence was deferred, whichever is earlier.

If you miss the 21-day cut-off date, speak to your legal adviser.

• Download 'Magistrates' court appeal notice form - with guidance' (PDF, 17K) Opens new window

• Help with PDF files

• Find a legal adviser Opens new window

2. The court process begins

The magistrates’ court will record that you want to appeal. A ‘Notice of appeal’ is sent to the local Crown Court.

3. The Crown Court contacts you about the appeal hearing

The Crown Court makes plans to consider your appeal. You will get a letter within a few weeks telling you where and when it will take place - normally your nearest Crown Court.

At this point you can decide to stop your appeal if you do not wish to continue. If you do, you must tell the magistrates’ court where your original trial was held.

4. Starting the appeal hearing

Appeal hearings vary in length, and normally last between one to three days.

If you’re appealing against your conviction, the same evidence from the original trial can be used.

Alternatively, if you have new evidence - such as a witness who was not at the original trial - this could be used to support your case.

If you appeal against your sentence, you have the chance to tell the court why you think the sentence is wrong.

If you win your appeal

If you win your appeal against your conviction it will be ‘quashed’ (dropped) and your sentence will no longer apply.

If you win your appeal against your sentence, it will be reduced - for example, a smaller fine or shorter prison sentence.

You will usually have any legal costs paid back and you may be entitled to apply for compensation. Your legal adviser can help with this.

• Download 'Application for compensation for wrongful conviction' form (PDF, 201K)

• Help with PDF files

If you lose your appeal

If you lose your appeal, your original conviction will ‘stand’ (not change). You may have to pay extra court costs.

If you don't agree with the Crown Court's decision, you may be able to appeal to a higher court called the Court of Appeal.

See ‘Appealing - if you disagree with a Crown Court verdict’ to find out how to do this.

• Appealing - if you disagree with a Crown Court verdict

If your appeal fails and new evidence is found

It’s possible that following your rejected Crown Court appeal, new evidence is found which was not raised during the re-hearing. If this happens, you may wish to consider contacting the Criminal Cases Review Commission (CCRC). It may decide to look at the appeal again.

The CCRC cannot change what happened at the appeal but it may agree your case should be sent back to the Crown Court. There is then another re-hearing.

The CCRC is an independent body (it is not connected to the Crown Court).

• Criminal Cases Review Commission Opens new window