Calderwood House, Montpellier Parade, Cheltenham GL50 1UA
Our criminal defence solicitors provide clear legal advice and representation for people seeking to appeal a criminal conviction or sentence. We can review the circumstances of your case, advise on potential grounds of appeal and assist with the appeal process, helping you understand the legal options available to you.
Criminal Defence Advice
After a conviction or sentence, it can be difficult to separate understandable disappointment from a legal ground of appeal. Our solicitors review the decision and the original papers with that distinction in mind, helping you understand what can be challenged and how quickly action is needed. We give you a candid assessment of the proposed appeal, including weaknesses, so you can decide whether to proceed on an informed basis.
An effective appeal begins with identifying the correct route, the relevant deadline and the evidence or legal error capable of supporting a challenge. Our criminal law team can obtain and examine the available case material, work with counsel where needed and prepare the application or grounds within the agreed instruction. We also explain permission requirements, possible costs and risks, rather than treating an appeal as an automatic opportunity to rerun every part of the original case.
The route depends on which court made the decision and what is challenged. A defendant may appeal an appropriate Magistrates' Court decision to the Crown Court, with the scope affected by the original plea. Appeals from Crown Court trial proceedings normally go to the Court of Appeal Criminal Division and require permission or the relevant certificate. A conviction appeal there addresses whether the conviction is unsafe; a sentence challenge requires a proper basis concerning the sentence imposed.
We review the conviction or sentence, the reasons given by the court and the papers available from the original proceedings. Depending on the case, that may include the charge, trial papers, sentencing remarks, previous legal advice and any material said to support a possible ground of appeal.
Appeals from the Magistrates' Court and applications concerning Crown Court convictions or sentences follow different procedures and time limits. Establishing the correct route early is important because appeal deadlines can be short.
For an appeal concerning a Crown Court conviction or sentence, the original papers and advocate's advice can help identify the proposed grounds and relevant transcript.
Where there is a proper basis to proceed, we can prepare the solicitor work, obtain relevant papers and work with an appropriately instructed appeal barrister where required. Crown Court appeals generally require permission to appeal, while appeals from the Magistrates' Court follow a different route.
A challenge to a Magistrates' Court decision follows a different route, and any late application needs a supported explanation for the delay.
Repeating an account rejected at trial does not necessarily establish an appeal ground. A proposed challenge may fail because it identifies no relevant error, offers evidence that does not meet the applicable requirements or misses a deadline without an adequate explanation. Appeals can carry costs and sentencing risks depending on the route. We assess prospects and procedural limits before recommending further work, including whether the necessary transcript or supporting evidence can be obtained.
A useful appeal review starts with the original decision and papers, not with a promise that the outcome can be changed. We assess what happened, what is being challenged and whether there is an arguable basis for an appeal before recommending further work.
If there is a proper route forward, we can obtain missing documents, prepare the application and work with an appeal barrister where needed. We also keep the relevant deadline in view from the outset so the review stays focused on what can realistically be done next.
An initial merits review is different from preparing grounds, obtaining transcripts and attending an appeal hearing. We quote for the stage agreed and identify counsel's fees, transcription and other expenses, with VAT where applicable. Further work depends on the review outcome, and any risk of an adverse costs order should be considered separately; paying for a review does not mean we can responsibly recommend an appeal.
We do not accept legal aid instructions. If you choose our firm, we will agree our fees with you before substantive work begins.
Criminal Appeal FAQs
Common questions about appeal deadlines, permission to appeal, guilty pleas, Magistrates' Court appeals and costs.
An application for permission to appeal a Crown Court conviction is generally made within 28 days of conviction. If the deadline has passed, an extension can be requested, but the delay must be explained and an extension is not automatic.
An application for permission to appeal a Crown Court sentence is generally made within 28 days of sentence. It is sensible to get advice promptly so the papers and possible grounds can be reviewed before the deadline.
An appeal to the Crown Court is usually started within 15 working days of sentence. If the deadline has passed, the late appeal needs to be explained and the Crown Court may refuse to consider it.
An appeal from the Crown Court normally requires an application for permission to appeal to the Court of Appeal Criminal Division. The application should identify arguable grounds and the relevant decision, supported by the material needed for the judge to assess the challenge.
A guilty plea does not automatically prevent every type of appeal. For example, sentence may still be capable of challenge in an appropriate case. The available route depends on what is being challenged and the circumstances.
Yes. We can review an appeal even if another firm dealt with the original case, subject to obtaining the relevant papers and having enough time to assess them fully.
Yes. We can review the position and advise on an out-of-time application. The delay will need to be explained and permission or an extension is not guaranteed.
Fees depend on the volume of original case papers, the decision being challenged and whether a barrister is required. We can explain the likely work and costs before you decide to instruct us.
It may, but the appeal court applies legal requirements concerning its relevance, credibility and the circumstances in which it was not used earlier. A new statement is not automatically enough to reopen a conviction. We examine what it adds, how it can be supported and the correct procedure for asking the court to consider it.
The risk depends on the route. In an appeal from the Magistrates' Court, the Crown Court can reach a different sentencing decision within its powers, including a more severe outcome. Different rules apply to the Court of Appeal, so advice should identify the actual route and risks before an appeal is lodged.
If you have recently been convicted or sentenced, speak to us promptly. We can identify the correct appeal route, check the time limit and review whether there is a proper basis to take the matter further.
Arrange a telephone call or visit our Cheltenham office by appointment. We assist clients in Cheltenham and the surrounding Gloucestershire area.
Call 0330 900 0377, email info@pembridgesolicitors.co.uk or request a consultation.
Pembridge Solicitors
Calderwood House, Montpellier Parade
Cheltenham GL50 1UA
Office visits by appointment.