Appeals
An appeal is a process in the criminal justice system for reviewing and potentially overturning court decisions. A court decision may be appealed if there has been a mistake in interpreting the law, an error in the procedure, or new evidence has been found.
In criminal cases, defendants can appeal against their conviction, sentence or both. They must ask for permission from the original court to appeal and must apply within 28 days of their conviction or sentencing date.
If they are granted permission to appeal, their appeal will be heard by the Court of Appeal and their legal representation will present their case.
If they win their appeal, their conviction may be overturned or their sentence may be reduced (or both). If they lose their appeal, their original sentence or conviction will not change and they will not be able to appeal again.
Appealing against unduly lenient sentences
The Unduly Lenient Sentence Scheme (ULS) allows people to request a review of a Crown Court sentence if they believe it is too lenient.
How does the ULS work?
- A request for a review can be made by the Attorney General, the Crown Prosecution Service, victims, peers, or members of the public.
- The Attorney General or Solicitor General reviews the request.
- If the sentence is considered unduly lenient, the Attorney General or Solicitor General may refer it to the Court of Appeal.
- The Court of Appeal reviews the sentence and decides whether to quash it and replace it with a more appropriate sentence.
When is a sentence unduly lenient?
A sentence is considered unduly lenient if it is outside the range of sentences that a judge could reasonably consider appropriate.
When should I request a review?
You should submit your request as early as possible so that the Attorney General’s Office has enough time to review it. You have 28 days from the sentencing to request a review.
Requests to the Attorney Generals’ Office for review should be sent through the ULS Scheme online.
