The Courts can get it wrong. If you believe the sentence you, or your family member, received in the Crown Court was too harsh or unfair, you may have the right to appeal to the Court of Appeal (Criminal Division). The process is technical and time-sensitive, so understanding each stage is crucial.
At Sahota & Sahota Solicitors, our appeals team has extensive experience in preparing and presenting appeals against sentence. We work closely with leading King’s Counsel and specialist criminal barristers across England and Wales to ensure every case is handled with precision and care.
Step 1: Obtaining Written Advice and Drafting Grounds of Appeal
The first step in any sentence appeal is to obtain written advice on appeal. This is usually prepared by an experienced appeal Barrister after reviewing all relevant material – including the case papers, sentencing remarks, indictment, Pre-Sentence Report and any transcripts of the hearing.
The written advice assesses whether there are arguable grounds that the sentence was:
- Wrong in law,
- Manifestly excessive, or
- Procedurally unfair.
If there are viable arguments, a formal Advice and Grounds of Appeal is drafted by us and lodged with the Registrar of the Court of Appeal using Form NG.
Obtaining the relevant transcripts is an essential part of this stage. These include the Judge’s sentencing remarks and, if necessary, parts of the plea or mitigation hearing. Without accurate transcripts, the Court cannot properly consider the issues raised.
Step 2: The Single Judge’s Consideration
Once the Grounds of Appeal are filed, the case is referred to a Single Judge of the Court of Appeal. The Single Judge reviews the papers (on the papers alone) and decides whether to grant or refuse leave (permission) to appeal.
You will the receive a written decision, which will state one of the following:
- Leave granted: The case will proceed to a full appeal hearing before the Court of Appeal.
- Leave refused: The Single Judge does not consider the appeal arguable.
- Adjourned for renewal: Occasionally, the Single Judge may defer the matter pending further material (such as missing transcripts or additional submissions).
Step 3: If Leave is Refused
If leave to appeal is refused on the papers, you have the right to renew the application before the Full Court.
This means your legal team can request that the case be listed for an oral hearing, where counsel can argue directly before a panel of three Judges that leave should be granted.
It’s important to note that if the Full Court also refuses leave, it can order that time served awaiting the appeal does not count towards your sentence (“loss of time order”). This is why professional, early advice is so important.
Step 4: The Full Court Hearing
If leave is granted (either by the Single Judge or after renewal), the matter proceeds to a full appeal hearing. At this stage, your legal team will present oral submissions before three Lord or Lady Justices of Appeal. The prosecution, usually the Crown Prosecution Service (Appeals Unit), will respond.
The Court can:
- Allow the appeal and reduce or vary the sentence,
- Dismiss the appeal, or
- Substitute another sentence if it considers the original one wrong in principle.
If successful, the Court will issue a formal order confirming the revised sentence.
How Sahota & Sahota Solicitors Can Help
Our Appeals Department at Sahota & Sahota Solicitors is dedicated to representing clients in sentence and conviction appeals before the Court of Appeal. We regularly prepare detailed Grounds of Appeal, obtain transcripts and liaise with previous legal representatives where required.
We work only on new appeal matters where we did not act at trial, on a privately funded basis. This allows us to dedicate the time and resources your case deserves.
Each appeal is prepared in partnership with some of the country’s leading King’s Counsel and specialist barristers, ensuring your case is presented at the highest possible standard.
We focus on accuracy, depth, and persuasive advocacy.
Contact Our Appeals Department
If you wish to appeal your sentence or need initial advice on whether an appeal is viable, contact our Appeals Department today.
