FLK2 · Criminal Practice

Appeals

SQE1 revision notes — the key rules, leading cases and common traps for this topic, in plain English and current to 2026.

CRP.09 — Appeals (Criminal Practice, FLK2)

Appeals from the magistrates' court

To the Crown Court (defendant only). A convicted defendant may appeal against conviction and/or sentence as of right — no permission needed. A guilty plea allows appeal against sentence only (conviction appeal only if plea was equivocal). File notice within 15 business days of sentence. The Crown Court rehears the case de novo (fresh evidence, witnesses called again) before a judge plus 2 to 4 magistrates (Senior Courts Act 1981 s.74 — not fewer than two, not more than four). It may confirm, reverse or vary — and may increase the sentence up to the magistrates' maximum powers (a real trap: appealing sentence carries risk).

Case stated. A party to the proceedings (the prosecution as well as the defendant) or a person aggrieved by the magistrates' conviction, order or other decision can ask the magistrates to state a case for the High Court on an error of law or excess of jurisdiction (Magistrates' Courts Act 1980, s.111(1)). Apply within 21 days after the decision; where trial is adjourned after conviction, time runs from sentencing or other disposal (s.111(2)-(3)). Making the application ends that applicant's right to appeal the same decision to the Crown Court (s.111(4)). The High Court decides the legal or jurisdictional question rather than conducting a fresh merits trial; it may reverse, affirm, amend or remit the determination (Senior Courts Act 1981, s.28A).

Judicial review. The High Court can review the lawfulness of the magistrates' decision and grant a quashing order (Senior Courts Act 1981, ss.29, 31; CPR Part 54). It is generally the more suitable route for alleged unfairness in the conduct of the hearing, such as preventing the defendant from properly presenting the case. Case stated is normally the route for alleged legal error, and judicial review should not generally be used to avoid its time limit where case stated is the appropriate remedy (R (P) v Liverpool City Magistrates [2006] EWHC 887 (Admin) [5]-[8]). Judicial review requires permission and sufficient interest (s.31(3)); file promptly and in any event within three months of the grounds arising (CPR 54.4-54.5(1)), subject to any applicable shorter limit. Three months is not permission to delay. Neither route guarantees that a conviction will be quashed.

Appeals from the Crown Court (trial on indictment)

Governed by the Criminal Appeal Act 1968. Appeal to the Court of Appeal (Criminal Division) and permission (leave) is required (or a trial judge's certificate). Notice within 28 days of conviction/sentence.

Conviction: the sole test is whether the conviction is "unsafe" (s.2, as amended by Criminal Appeal Act 1995). Fresh evidence may be received under s.23 if it is capable of belief, would have been admissible, affords a ground, and there is a reasonable explanation for non-adduction at trial.
Sentence: quashed/varied if wrong in principle or manifestly excessive. The CACD cannot increase sentence on a defence appeal (contrast the Crown Court above).

Common traps and distinctions

Time limits differ: 15 business days (mags→Crown Court) vs 21 days (case stated) vs 28 days (Crown Court→CACD). Don't confuse them.
Permission: none needed mags→Crown Court; required for the CACD.
Increase in sentence: Crown Court can; CACD cannot on a defence appeal.
AG's references: unduly lenient sentences for specified offences go to the CACD under s.36 Criminal Justice Act 1988 (28 days, leave required) — this is how a sentence can go up. Distinguish from the AG's reference on a point of law after acquittal (s.36 CJA 1972) which does not affect the acquittal.
Onward appeal to the Supreme Court: needs CACD certification of a point of law of general public importance plus leave.
CCRC: the Criminal Cases Review Commission can refer cases back to the appellate court out of time.

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A woman is the treasurer of a small amateur football club. Members pay £20 each month in cash. Under the club rules she accepted on becoming treasurer, she must bank the subscriptions into the club's dedicated account within seven days. One month she receives £200 in subscriptions and spends the cash on her own gas bill that same day. She intends to replace the money from her wages before anyone notices, and pays an equivalent £200 into the club account two weeks later. Which statement best explains how section 5(3) of the Theft Act 1968 applies to the subscriptions when she pays the gas bill?

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