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Checking if you can appeal against your conviction or sentence

If want legal aid to pay for the costs of an appeal against a conviction or sentence, you should speak to your legal adviser first.

If you had a solicitor or barrister representing you at court, they will tell you if they think there is a reason for appealing. They should also tell you if they think there is a good chance an appeal would succeed.

• Appealing - if you disagree with a magistrates' court verdict (crime and justice section)

• Appealing - if you disagree with a Crown Court verdict (crime and justice section)

• Legal aid and representation at court if you're charged with a crime (crime and justice section)

Legal aid for appeals against magistrates' court verdicts

Applying for legal aid for an appeal is similar to the process for the original magistrates’ court hearing.

Your solicitor or barrister will need to apply for legal aid for representation for an appeal.

To get legal aid for an appeal, your case will need to pass the Interests of Justice test. You can find out more about the Interests of Justice test using the link below.

Your finances will also be looked at - this is called the ‘means test’.

You must let your solicitor or barrister know if your financial circumstances have changed since you made your original application for your trial.

• Interests of Justice test Opens new window

If you pass the Interests of Justice and means tests

Your solicitor or barrister will handle your legal aid application for you. The court will tell your barrister or solicitor if your case passes the Interests of Justice and means tests.

Depending on the results of the means test, you may have to contribute to the costs of your appeal. Your solicitor or barrister will let you know how much you might have to pay.

You may also need to make additional payments. This depends on what happens at your appeal and could include:

• if your conviction is ‘abandoned’ (you give up) or dismissed by the court, you will have to contribute £500
• if your conviction is dismissed but your sentence is reduced, you will have to contribute £250
• if your sentence (but not the conviction) is abandoned or dismissed, you will have to contribute £250

If you don’t pass Interests of Justice and means tests

If you don’t pass either the Interests of Justice or means tests, you will have to pay your legal bills yourself. Or you can see if a legal adviser would be prepared to do the work for free. This is known as ‘pro bono’, which means ‘for the public good’.

If you want to find a legal adviser who does pro bono work, you’ll need to speak to an agency like Citizens Advice or LawWorks.

• Find your nearest Citizens Advice Bureau office Opens new window

• Find your local law centre Opens new window

Legal aid for appeals against Crown Court verdicts

How you apply for legal aid to appeal against a Crown Court decision depends on:

• if you paid for your defence yourself or got support from legal aid
• if a Notice of Appeal (a request to appeal) has been made to the court

For more advice on if you should appeal and how legal aid works, speak to your solicitor.

Help and advice in Welsh

You can get information about dealing with your legal problems in Welsh by following the link below.

• Legal aid for an appeal against conviction - Legal Services Commission (Welsh language) Opens new window