You can appeal a criminal decision in the Court of Appeal if the appeal is: 

  • By a person who has been convicted and sentenced in the County Court or Supreme Court, and they want to appeal against the conviction, sentence or both. You need the Court’s permission to have these appeals heard. This is called leave to appeal
  • By the Director of Public Prosecutions against a sentence imposed in the County Court or Supreme Court. These are also called Crown appeals. They do not need leave to appeal. 
  • By any party against some interlocutory decisions made by a trial judge during a criminal proceeding in the County Court or Supreme Court. These all need leave to appeal. You must have first made an application to the trial judge for them to certify the interlocutory appeal. 
Please note

If an appeal against a sentence is allowed, the Court of Appeal may reduce or increase the sentence.

There are time limits on starting an appeal in the Court of Appeal

For an appeal against a conviction or sentence, you have 28 days from the date of the sentence to start your appeal. 

For an interlocutory appeal, different time limits apply depending on the stage of the proceeding and whether or not the trial judge has certified the interlocutory appeal. The time limits are in sections 296(2) and 298(1) of the Criminal Procedure Act 2009

Extension of time

If you are applying outside the time limit you must apply for an extension of time. 

In addition to the application for leave to appeal and other documents identified below, you must file: 

After the Court registry accepts your documents for filing, the Registrar of the Court of Appeal will serve them on the respondent

Practice Notes sit alongside the Supreme Court (Criminal Procedure) Rules 2017 (especially Orders 2 and 3), and the Criminal Procedure Act 2009 (especially Parts 6.3 and 6.4), to guide the conduct of proceedings in the Court of Appeal .

Practice notes

No previous appeal against conviction

To apply for leave to appeal against your conviction (if you have not previously appealed against your conviction to the Court of Appeal ), you file: 

These documents must be filed no later than 28 days after the sentence date. If 28 days has already passed, you must apply for an extension of time - see the Extension of Time information within the Time Limits section on this page. 

After the Court registry accepts your documents for filing, the Registrar of the Court of Appeal will serve them on the respondent

Second or subsequent appeal

If you have previously appealed against your conviction to the Court of Appeal, you may be able to make a further appeal if you have fresh and compelling evidence that should, in the interests of justice, be considered on an appeal. Section 326C of the Criminal Procedure Act 2009 specifies when evidence is ‘fresh’ and ‘compelling’. To apply for leave to appeal you file: 

After the Court registry accepts your documents for filing, the Registrar of the Court of Appeal will serve them on the respondent. 

More information: 

To apply for leave to appeal against your sentence, you file: 

These documents must be filed no later than 28 days after the sentence date. If 28 days has already passed, you must apply for an extension of time - see the Extension of Time information within the Time Limits section on this page.

After the Court registry accepts your documents for filing, the Registrar of the Court of Appeal will serve them on the respondent

For the Director of Public Prosecutions (DPP) to start an appeal , the Director must file: 

These documents must be filed no later than 28 days after the sentence date. If 28 days has already passed, you must apply for an extension of time - see the Extension of Time information within the Time Limits section on this page. 

After the Court registry accepts the documents for filing, the Crown must serve them on the respondent

Before applying for leave to appeal against an interlocutory decision made by a trial judge, you must have first applied to that judge for them to certify the interlocutory appeal . This means asking the trial judge to approve the interlocutory appeal as being appropriate in accordance with section 295(3) of the Criminal Procedure Act 2009

If the trial judge has certified the interlocutory appeal, to apply to the Court of Appeal you file: 

If the trial judge has refused to certify the interlocutory appeal, to apply to the Court of Appeal you file: 

There are different time limits for filing these documents. The time limits depend on the stage of the proceeding and whether or not the trial judge has certified the interlocutory appeal. Time limits are in sections 296(2) and 298(1) of the Criminal Procedure Act 2009. If the time limit has already passed, you must apply for an extension of time - see the Extension of Time information within the Time Limits section on this page. 

After the Court registry accepts your documents for filing, you must serve them on the respondent

More information: