Grounds for Appeal Against Conviction

In the UK, individuals have the legal right to appeal a conviction if there are valid reasons suggesting that the verdict was unfair, unlawful, or unsafe.

Appealing a conviction is not simply about disagreeing with the outcome. You must demonstrate specific grounds for appeal, reasons that show something went wrong during the original trial or that new information has come to light.

In this guide, we'll explore the six most common grounds for appeal against conviction in the UK, how the process works, and what you can do if you believe your conviction was unjust.

If you believe your conviction was wrong, call our specialist criminal appeal solicitors in London on 0203 959 7755 to discuss your appeal options.

Table of Contents

What Does "Grounds for Appeal" Mean?

The term "grounds for appeal" refers to the legal reasons that justify asking a higher court to review and potentially overturn a conviction. The Court of Appeal in England and Wales is responsible for reviewing these cases to determine whether a conviction is "safe."

Suppose the Court finds that an error, irregularity, or unfairness occurred during the trial. In that case, it has the power to quash the conviction, order a retrial, or, in some cases, substitute a lesser conviction.

What Does "Unsafe Conviction" Mean?

An "unsafe conviction" refers to a situation where the Court of Appeal believes the verdict cannot be trusted because the trial process was flawed. This could happen if crucial evidence was mishandled, the judge misdirected the jury, or key witnesses were not properly examined.

In such cases, even if there appears to be some evidence of guilt, the conviction may still be overturned if the overall process was unfair. The Court of Appeal UK has the authority to quash unsafe convictions to ensure justice is served.

Six Common Grounds for Appeal Against Conviction in the UK

There are several valid grounds for appeal against conviction in the UK, depending on what went wrong during the original trial.

6 common grounds for appealing a conviction include an unsafe verdict, errors of law, procedural irregularities, fresh evidence, poor representation, and jury bias.

1. Unsafe or Unsatisfactory Verdict

Perhaps the most significant reason for an appeal is when the verdict itself is unsafe. An unsafe conviction occurs when the trial process is flawed to the point that the outcome cannot be trusted.

For example, the Court of Appeal may consider a verdict unsafe if key evidence was ignored, improperly handled, or if there were serious mistakes made by the prosecution or defence. Even if there appears to be evidence of guilt, the conviction can still be overturned if the overall process was unfair or unreliable.

In short, if the Court believes that justice was not properly served, it has the authority to quash the conviction.

2. Errors of Law Made by the Judge

Another common ground for appeal arises when a judge makes an error of law during the trial. This can happen if the judge misdirects the jury, misunderstands the law, or applies it incorrectly to the facts of the case.

For instance, if the judge failed to explain a key legal concept or misinterpreted what the law requires to prove a particular offence, it could lead to an unfair conviction. The appeal court can then review whether this mistake affected the outcome of the trial and decide whether to overturn the conviction.

Having a solicitor experienced in criminal appeals can be crucial here, as identifying legal misdirection often requires detailed knowledge of case law and courtroom procedure.

3. Procedural Irregularities During the Trial

A conviction can also be appealed if there were procedural irregularities, in other words, if something went wrong in the way the trial was conducted.

This could include:

• Bias or inappropriate conduct from the judge
• Mistakes in how the evidence was presented or admitted
• Failure to follow the correct legal procedure
• Issues with how the jury was selected or instructed

Even small procedural errors can have a significant impact on the fairness of a trial. If these irregularities are serious enough to cast doubt on the verdict, the conviction may be ruled unsafe and overturned.

4. Fresh Evidence Discovered After the Trial

Sometimes, new evidence emerges after a conviction, which can dramatically change the picture of the case. This is known as fresh evidence, and it can provide strong grounds for appeal.

For example, new forensic tests, new witnesses coming forward, or even new information that undermines the credibility of a key prosecution witness could all count as fresh evidence.

However, the Court of Appeal will only accept this evidence if it meets certain criteria:

• It was not available at the time of the trial
• It could not have been obtained earlier with reasonable effort
• It could have had a significant impact on the outcome

If accepted, fresh evidence can lead to the quashing of a conviction or an order for a new trial.

5. Poor Legal Representation

Everyone has the right to a fair trial, which includes having competent legal representation. If your solicitor or barrister failed to act in your best interests, such as by not preparing properly, missing key witnesses, or giving incorrect advice, you may have grounds to appeal your conviction.

The Court will consider whether your legal team's performance was so inadequate that it affected the fairness of the trial. If it did, the conviction could be ruled unsafe.

6. Jury Irregularities or Bias

The integrity of the jury process is fundamental to the UK's justice system. However, if there were irregularities or bias within the jury, it could be a valid ground for appeal.

Examples include:

• Evidence that jurors discussed the case outside of court
• Bias against the defendant
• Misconduct during deliberations
• Jurors being influenced by external information

If the Court finds that the jury's decision was influenced by improper factors, it may set aside the conviction to preserve the fairness and credibility of the legal process.

Each case is different, so it's important to speak with experienced criminal appeal solicitors who can assess your situation and identify the strongest grounds for appeal.

Can I Appeal a Conviction If I Find New Evidence?

Yes. One of the most powerful grounds for appeal is the discovery of fresh evidence that was not available during the original trial.

For example, new forensic results, new witness statements, or evidence that undermines the prosecution's case could all justify an appeal. However, the Court will only consider this evidence if it is credible, relevant, and likely to have affected the outcome.

If accepted, the new evidence can lead to the conviction being quashed or a retrial being ordered. It's best to have your case reviewed by a criminal defence solicitor who specialises in criminal appeals.

How Long Do I Have to Appeal My Conviction in the UK?

Appeals must usually be lodged within 28 days of conviction or sentencing, but the Court of Appeal can extend this deadline if there's new evidence or an unsafe conviction.

Acting quickly and seeking legal advice as soon as possible is crucial, as delays could reduce your chances of success. Our specialist appeal solicitor can help you prepare your application and ensure it's submitted correctly.

How to Appeal a Conviction in the UK?

Before an appeal can proceed, you must apply for permission (leave) to appeal. A judge will review your application to decide whether your case raises an arguable point. If permission is granted, your appeal will move to a full hearing where the Court can:

• Uphold your conviction
• Quash the conviction and find you not guilty
• Order a retrial

If your appeal is unsuccessful, you might still be able to apply to the Criminal Cases Review Commission (CCRC), especially if new evidence becomes available or if all other options have been exhausted.

What Happens If My Appeal Against Conviction Is Successful?

If your appeal against conviction is successful, the Court of Appeal has several options. It can quash the conviction entirely, which means you are found not guilty, or it may order a retrial if it believes the case should be reconsidered with proper evidence or procedure.

In some situations, the Court may substitute a conviction for a lesser offence. The goal of the appeal process is to correct any miscarriage of justice and ensure that every defendant receives a fair and lawful trial.

Why Expert Legal Advice Matters?

Appealing a conviction is a complex process that requires deep legal knowledge, precision, and strategy. Having an experienced criminal defence solicitor on your side can make all the difference. A solicitor can review your trial record, identify strong grounds for appeal, and present a compelling argument to the Court of Appeal.

If you believe you were wrongly convicted or that your trial was unfair, seek professional legal advice immediately. The sooner you act, the greater your chances of success.

Final Thoughts

The grounds for appeal against conviction in the UK are designed to ensure that justice is served and that no one is wrongfully convicted due to legal errors, procedural issues, or other irregularities. Whether your case involves an unsafe conviction, new evidence, or poor representation, understanding your rights and getting expert legal help is essential.

Every case is unique, and an experienced criminal defence solicitor can help determine whether you have valid grounds for appeal and guide you through each stage of the process.

If you believe you were wrongly convicted or that your trial was unfair, contact Moeen & Co. Solicitors at 0203 959 7755 for legal advice immediately.