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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 are 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.

When you can appeal to the Court of Appeal

You may be able to appeal to the Court of Appeal if one of the following applies:

• you’re convicted in a Crown Court and disagree with its verdict
• you were originally convicted in a magistrates’ court, appealed at the Crown Court and then lost this appeal

What you can appeal against

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

If you’re appealing against your conviction, you normally need new evidence or facts. For example, you may have a witness who was not at the original trial who could help support your case.

It may also be possible to appeal because something went ‘wrong’ at the trial. This normally means an important court procedure was not followed properly.

If you pleaded ‘guilty’ at your trial, you can normally only 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.

If there’s no new evidence, you can only appeal against your sentence.

Getting legal advice before you appeal

You should get legal advice before you appeal. Your legal adviser will discuss the case and advise you whether or not you have good reason to appeal.

• Find a legal adviser Opens new window

How to appeal

You have the right to ask for an appeal but this doesn’t necessarily mean you will be allowed to appeal.

The basic process is as follows.

1. You contact the Crown Court

You must apply in writing to the Crown Court by completing Form NG (Notice and Grounds). You state why you think the conviction and/or sentence is wrong.

This should be done within 28 days of the date you were convicted.

If you're appealing against your conviction, this must be done within 28 days of the date of your conviction – even if you were sentenced at a later date.

If you only want to appeal against your sentence, the 28-day period starts from the date you were sentenced.

If you miss the 28-day cut-off date, speak to your legal adviser.

You can get the form from your local Crown Court or from the link below.

• Form NG (Notice and Grounds) (PDF document, 129K) Opens new window

• Help with PDF files

2. The Criminal Appeal Office gets the form

The Crown Court sends the form to the Criminal Appeal Office. This is part of the Court of Appeal, based at the Royal Courts of Justice in London.

One judge (a ‘single’ judge) decides if you can appeal based on the details in the form.

You can stop your appeal at any stage. You must use the form below to do this.

• Form A - 'Notice of abandonment of proceedings' - with guidance (PDF document, 22K) Opens new window

• Help with PDF files

3. You find out if you can appeal or not

The single judge may:

• refuse to give you ‘leave’ (permission) to appeal
• give you permission to appeal and send your case to the ‘full’ Court of Appeal
• not make a decision and send your case to the full Court of Appeal

The full Court of Appeal is made up of three judges.

4. If the single judge refuses you permission to appeal

The single judge’s decision will be sent to you in writing.

If you’re not given permission to appeal you can ‘renew’ your application. This means you can ask the full court to give you permission to appeal. You must do this within 14 days of getting the single judge’s decision.

If you’re not given leave to appeal for a second time, you may wish to consider contacting the Criminal Cases Review Commission (CCRC).

Find out more about this in the ‘If you lose, or are not given permission to appeal’ section below.

5. If you’re given permission to appeal

Your case is dealt with at the full Appeal Court if either:

• the single judge gives you permission to appeal, or
• you renew your application and the full court gives you permission to appeal

6. A new hearing date is set

You will be told in writing when the appeal hearing date is.

The full court looks at your case and decides whether your original conviction was:

• ‘unsafe’ - you win your appeal
• the right decision - you lose your appeal and the process ends

If you win your appeal

If you win your appeal against your conviction it will be ‘quashed’. This means that you’re treated as innocent of the crime you were tried for and your sentence will no longer apply.

If you win your appeal against your sentence, it will be reduced – for example, a shorter prison sentence.

You usually have any legal costs paid back and you may be able 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 the court decides on a re-trial

Even if a conviction is quashed, the Court of Appeal sometimes decides that the person should have a re-trial. For example, it thinks that some evidence was allowed at the previous trial which may have caused the person to be found guilty.

The Court of Appeal may decide that the same evidence should be allowed to be heard by a jury.

If you lose, or are not given permission to appeal

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

If the full court refused you permission to appeal, the process normally ends.

If new evidence is found

It's possible that new evidence is found which was not raised during the appeal hearing or at the time you were refused permission to appeal.

If this happens, you may wish to consider contacting the Criminal Cases Review Commission (CCRC). The CCRC is an independent body (it is not connected to the Court of Appeal).

The CCRC cannot change what happened at the appeal but it may agree your case should be sent back to the Appeal Court.

You should speak to your legal adviser about this.

• Criminal Cases Review Commission Opens new window