Criminal appeals

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Appeals from the magistrates' court

Appeal by the defendant only

A defendant has an automatic right of appeal from the magistrates' court to the Crown Court following a plea of not guilty against either a conviction or sentence, or both. An appeal against conviction can be on points of law or fact and the appeal will be by way of a full rehearing of the case in the Crown Court, including calling all those witnesses on whose evidence they seek to rely.

A defendant has an automatic right of appeal from the magistrates' court to the Crown Court following a guilty plea against sentence. The Crown Court will carry out a full rehearing of the issues and take an independent view based on the evidence as to what the correct sentence should be.

Criminal Procedure Rules 2020 (CrimPR), SI 2020/759, Pt 34 govern the making of appeals to the Crown Court.

Practice Note: Appeal against sentence in the Crown Court explains how to appeal to the Crown Court against a sentence imposed by the magistrates’ court. It covers when an appeal against sentence should be made (basis of appeal, grounds

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