Guidance

Sentencing and appeals

A guide to criminal sentencing and appeals in England and Wales. It explains how courts decide sentence, possible orders, appeals from magistrates’ and Crown Courts, reopening a case, unduly lenient sentences and victim information.

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Criminal Justice Hub
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Last updated
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England and Wales
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This guide explains what may happen after someone pleads guilty or is found guilty of a criminal offence. It also explains the main ways to challenge a conviction or sentence.

It is general information, not legal advice. Appeal deadlines can be short. Get legal advice as soon as possible after conviction or sentence.

Why does the court sentence someone?

When deciding sentence, the court considers the purposes of sentencing. These include:

  • punishment;

  • reducing crime;

  • rehabilitation and reducing further offending;

  • protecting the public; and

  • making reparation to victims where appropriate.

See Sentencing Act 2020, section 57.

How does the court decide sentence?

Courts must take account of sentencing guidelines and normally follow them. The court will consider:

  • the seriousness of the offence, including the harm caused and the person’s level of responsibility;

  • aggravating and mitigating factors;

  • any guilty plea and when it was entered;

  • relevant previous convictions;

  • personal circumstances where legally relevant;

  • the effect on victims; and

  • whether an additional order, such as compensation or a driving ban, is appropriate.

The court does not use a simple points system. Every case is decided on its own facts.

For more information, see Sentencing Council: how sentencing works and General guideline: overarching principles.

What can the court order?

The main sentence may be a discharge, fine, community order, suspended sentence or immediate custody. The court may also make other orders, depending on the offence and circumstances.

Community orders

A community order can include requirements such as unpaid work, rehabilitation activities, treatment, a curfew, programmes or supervision.

Suspended sentences

A suspended sentence is a prison sentence that does not take effect immediately. The court may attach requirements during the period of suspension. If the person commits a further offence or breaches a requirement, the court may deal with the suspended sentence. Whether it takes effect depends on the law and the court’s decision.

Other orders

The court may also make orders such as compensation, driving disqualification, a restraining order, forfeiture or deprivation of property. In applicable Crown Court cases, it may make a confiscation order.

Compensation can be ordered for personal injury, loss or damage caused by the offence. See GOV.UK: compensation in the justice system and Sentencing Council: ancillary orders.

Can I appeal my conviction or sentence?

A conviction means that a court has found you guilty. In a jury trial, the jury’s decision is called a verdict.

An appeal is not simply a second chance because you disagree with the outcome. You need to identify why the conviction or sentence may be wrong, unlawful, excessive or should otherwise be changed.

The appeal route depends on which court dealt with the case and whether you are challenging the conviction, the sentence or both.

If the case was in the Magistrates’ Court

If you pleaded not guilty and were convicted, you may be able to appeal against conviction, sentence or both to the Crown Court. If you pleaded guilty, you can usually appeal against sentence only.

You will usually need to start the appeal within 15 working days of sentencing. If you are late, explain and provide evidence of the reason for delay. The Crown Court may decide not to consider a late appeal.

Use the official process at GOV.UK: appeal a magistrates’ court decision and GOV.UK: when to appeal to the Crown Court.

An appeal to the Crown Court can involve a fresh hearing. The outcome can be different from the original decision. Get legal advice before starting an appeal.

If you want to appeal a Crown Court conviction

You may be able to appeal to the Court of Appeal (Criminal Division). You will usually need permission to appeal.

The usual deadline is 28 days from conviction, even if sentence is imposed later. If you are late, you must explain why. The court may extend time, but this is not guaranteed.

If you want to appeal a Crown Court sentence

You may be able to appeal to the Court of Appeal (Criminal Division). You will usually need permission to appeal.

The usual deadline is 28 days from sentence. If you are late, you must explain why. The court may extend time, but this is not guaranteed.

For both Crown Court appeal routes, see GOV.UK: appeal against a Crown Court conviction or sentence. The main statutory provisions are in Criminal Appeal Act 1968.

If you did not know about a Magistrates’ Court case

An appeal may not be the right route if you did not know about the case, someone used your identity, or the court did not have important information.

You may be able to ask the magistrates’ court to reopen the case. Different procedures apply in different situations. For example, a statutory declaration will usually need to be made within 21 days of finding out about proceedings you did not know about.

Act quickly and seek legal advice. See GOV.UK: appeal a magistrates’ court decision and Magistrates’ Courts Act 1980, sections 14 and 142.

If you think a Crown Court sentence is unduly lenient

This is not a defendant’s appeal. Anyone can ask the Attorney General’s Office to consider certain eligible Crown Court sentences that may be unduly lenient.

A request must be made by 11:59 pm on the 28th calendar day after sentence, including weekends and bank holidays. Submit the request as early as possible. The Attorney General’s Office decides whether to refer the case to the Court of Appeal. The Court of Appeal may leave the sentence unchanged, increase it, or refuse to hear the case.

Only specified offences are eligible, and the statutory 28 day referral deadline cannot be extended. See GOV.UK: ask for a Crown Court sentence review.

If you are a victim

You may be told about the sentence and any court ordered compensation. You may be asked for information about financial loss or damage if the court is considering compensation.

You may also receive information about an appeal, including the hearing date and outcome. In some cases, you may be referred to the Victim Contact Scheme after sentencing.

See the Victims’ Code for England and Wales.

Appeal deadlines can be short. Speak to a criminal defence solicitor or barrister as soon as possible after conviction or sentence.

If you are in prison, ask prison staff how to contact your solicitor. If you do not have one, ask about legal aid or legal advice options. Court and prison staff may give practical information about forms and deadlines, but they cannot advise you whether an appeal is likely to succeed.

Key points to remember

  • Courts consider punishment, reducing crime, rehabilitation, public protection and reparation when sentencing.

  • The court considers guidelines, the facts of the offence and the person’s circumstances.

  • A suspended sentence is still a prison sentence, but it does not take effect immediately.

  • A Magistrates’ Court appeal will usually need to be started within 15 working days of sentencing.

  • A Crown Court conviction appeal will usually need to be started within 28 days of conviction.

  • A Crown Court sentence appeal will usually need to be started within 28 days of sentence.

  • Reopening a magistrates’ court case can be the right route where you did not know about it or the court lacked important information.

  • The Unduly Lenient Sentence scheme is different from a defendant appeal and has a strict 28 day deadline.

Official sources

This guide provides general information, not legal advice. Get advice from a qualified criminal solicitor or barrister about your own circumstances.

About this information

Last updated:

Updates to this page

  1. This guide has been rewritten to explain how courts decide sentence, what orders can be made and what happens after sentencing. It corrects and separates the main appeal routes, adds information about reopening a magistratesu2019 court case and unduly lenient sentence referrals, and includes clearer guidance for victims and people in custody.