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What “wrongly convicted” means in the UK
If you believe you were wrongly convicted in the UK, the next steps usually depend on whether you want to challenge the conviction itself, the sentence, or both. The appeal process is time-sensitive, so it is important to act quickly after conviction.
There is no special unlimited period simply because you say the conviction was unsafe. In most cases, you should assume that the sooner you start, the better your chances of preserving your options.
How long do you have to appeal?
If you were convicted in the Crown Court, you normally have 28 days from the date of conviction or sentence to apply for permission to appeal. In some cases, the appeal period runs from the date of sentence, depending on what you are challenging.
If you miss that deadline, you may still be able to apply for an extension. However, you will usually need to explain the delay clearly and show a good reason why the appeal was not filed in time.
For summary offences dealt with in the Magistrates’ Court, the deadline is often shorter, so immediate legal advice is especially important. Different appeal routes can also have different time limits.
What if the time limit has passed?
Missing the standard deadline does not always end your case. The appeal court may allow a late appeal if it considers there is a proper basis and it is in the interests of justice to hear it.
That said, the longer you wait, the harder it can be to justify the delay. Evidence may become harder to obtain, witnesses may be harder to trace, and the court may be less willing to extend time without a strong explanation.
If your case is unusual or serious, a solicitor can help assess whether an out-of-time appeal is realistic. They can also help decide whether your complaint is better taken through a different route.
Other routes after conviction
If your appeal deadline has passed, you may still have options outside the normal appeal system. In England and Wales, one route is to apply to the Criminal Cases Review Commission (CCRC), which investigates possible miscarriages of justice.
The CCRC does not have a strict short deadline like an appeal, but it will expect you to act promptly and provide enough detail to justify review. It can refer a case back to the Court of Appeal if it finds a real possibility that the conviction will not be upheld.
In exceptional cases, legal advice may also be needed on judicial review or other post-conviction procedures. The right route depends on the facts, the evidence, and the stage your case has reached.
Getting help quickly
If you think you were wrongly convicted, do not wait to seek advice. A criminal appeals solicitor can tell you which deadline applies, whether you can still appeal, and whether you need to apply for an extension.
Acting fast is especially important if there is new evidence, a disclosure issue, or a possible legal error at trial. Early advice can make the difference between keeping and losing an appeal option.
Frequently Asked Questions
The main appeal route is usually to the Court of Appeal (Criminal Division), often requiring leave to appeal. Time limits are strict, and applications are generally expected promptly after conviction or sentence, so legal advice should be sought immediately.
A guilty plea can still sometimes be challenged, but the options are narrower and depend on whether the plea was unsafe, unfairly obtained, or based on incorrect legal advice. Time limits still apply and early advice is important.
For a Magistrates' Court conviction in England and Wales, an appeal is usually to the Crown Court. The usual deadline is very short, commonly 21 days from conviction or sentence, depending on the case and type of appeal.
For a Crown Court conviction, the usual route is an appeal to the Court of Appeal. Applications should normally be made quickly, and the court will consider whether there is an arguable ground and whether leave should be granted.
A late appeal can sometimes be allowed if there is a good reason for the delay, but the court has discretion and will look at the length of delay and the explanation. You should act as soon as possible if the deadline has passed.
The Criminal Cases Review Commission can review possible miscarriages of justice after conviction, and there is no fixed short deadline like a normal appeal. However, you should apply as soon as possible because obtaining records and evidence is easier earlier.
New evidence can sometimes support an appeal or a CCRC referral if it may show the conviction is unsafe. There is no single universal deadline for discovering new evidence, but delay can affect credibility and procedural options.
If you are challenging only the sentence, the appeal route and deadline depend on the court that sentenced you. Sentence appeals are also time-limited, so the application should be filed quickly after sentencing.
Incorrect legal advice can sometimes be relevant if it affected the safety of the conviction or the fairness of the plea. The appeal time limits still apply, and the issue should be raised as soon as it is discovered.
Failure by the prosecution to disclose important material may support an appeal or a CCRC application if it caused injustice. Time limits for appeal remain strict, but disclosure issues can also be raised later if new material comes to light.
In Scotland, the appeal system and deadlines are different from England and Wales. You would usually appeal through the Scottish courts, and time limits depend on the procedure used, so specialist Scottish advice is needed immediately.
Northern Ireland has its own criminal appeal procedures and deadlines, which differ from those in England and Wales. You should get urgent local legal advice because the time limits are strict and route-dependent.
If you were convicted in your absence, there may be options to challenge the conviction or seek a re-hearing depending on the court and circumstances. Time limits can still apply, so you should act immediately after learning of the conviction.
Summary offences are usually dealt with in the Magistrates' Court, and appeals typically go to the Crown Court. The deadline is usually short, so prompt action after conviction or sentence is essential.
Indictable offences are usually tried in the Crown Court, and appeals generally go to the Court of Appeal. The appeal process is strict and time-sensitive, so applications should be prepared without delay.
Many criminal appeals require permission, also called leave, before the appeal can proceed. The request must usually be made within the relevant appeal deadline, and the court will assess whether there is an arguable case.
Young defendants can appeal convictions and sentences, but the route depends on the court that handled the case. The time limits are still strict, so a parent, guardian, or solicitor should act quickly.
A conviction from years ago may still be challenged in some cases, especially through the Criminal Cases Review Commission or with special permission for a late appeal. The older the case, the more important it is to gather records and evidence quickly.
Legal aid may be available for some criminal appeals and miscarriage of justice work if you meet the eligibility rules. Because time limits are short, you should seek advice immediately so funding and appeal steps can be considered together.
The best route depends on the court, the grounds of challenge, and whether the normal appeal deadline has already passed. If the deadline is still open, an appeal is often the first step; if not, the CCRC may be the right route, but urgent advice is needed.
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