Unsafe Convictions How the Court of Appeal Decides Whether a Conviction Is Safe

A guilty verdict does not always mean the end of a criminal case. If serious problems affected the conviction, it may be possible to challenge it. In this guide, Holborn Adams explains how unsafe convictions are identified and what options may be available if you believe you were wrongly convicted.

Appealing a Conviction in the UK

Under the Criminal Appeal Act 1968, the Court of Appeal must allow an appeal against a Crown Court conviction if it considers that conviction unsafe. However, simply disagreeing with the jury is not enough. There must be proper grounds of appeal showing why the conviction should not stand. 

Appealing a conviction, therefore, requires a fresh look at the original case. Lawyers may examine problems with the trial, unreliable evidence, disclosure failures, or new evidence. They cannot simply repeat the arguments made before.

What Makes a Conviction Unsafe in the UK?

A conviction may be unsafe if a serious problem with the trial or evidence calls the verdict into question. Not every mistake made during a criminal case will meet this test. The problem must be important enough to affect the safety of the conviction.

When it comes to wrongful convictions, UK law requires more than showing that a mistake was made. Lawyers must show why the problem matters and why the conviction should no longer be considered safe.

What Are the Grounds for Appeal Against Conviction?

The grounds for appeal against conviction in the UK are the specific legal or evidential reasons used to challenge the conviction. They are entirely unique to each case. 

Grounds for appealing may include legal errors, incorrect directions to the jury, evidence that was wrongly admitted or excluded, disclosure failures, or problems with witnesses or experts. Important fresh evidence may also provide grounds for appeal.

Appeal lawyers review transcripts, rulings, and other trial material to identify these issues and develop focused legal arguments. The aim is to find the strongest grounds of appeal rather than simply list everything that could have gone differently at trial.

How Does the Court of Appeal Review a Conviction?

For an application to the Court of Appeal Criminal Division, a person normally needs permission. This is known as leave to appeal. 

Any application against conviction must normally be made within 28 days of conviction. For an appeal against sentence, the 28 days runs from sentencing. The court may still consider a late application, but you must explain the delay. 

From here, a judge will consider whether to grant permission. If they do, the full court hears the appeal and considers the grounds put forward. It is important to note that the appeals process is not a second trial. It does not take place simply because someone believes the original verdict was wrong. 

Only a very small number of criminal cases go beyond the Court of Appeal to the UK Supreme Court. This usually requires the Court of Appeal to certify that the case involves a point of law of general public importance, as well as permission to appeal.

Can Fresh Evidence Help Overturn a Wrongful Conviction?

Fresh evidence can sometimes be central to a wrongful conviction appeal. This could include a new witness, digital or forensic evidence, new scientific findings, or information that changes the reliability of evidence used at trial.

However, new evidence does not automatically make a conviction unsafe. The court must still consider its credibility and importance. The defence must also explain why they did not present it earlier. 

New material should therefore be carefully tested before it becomes part of the grounds of appeal.

Can You Appeal a Conviction Years Later?

It may be possible to appeal years later, even after someone has spent multiple years in prison. However, because the normal time limit still applies, a late application must explain the delay. 

The Criminal Cases Review Commission (CCRC) may also help people who believe they are victims of a miscarriage of justice after the normal appeals process has been used. There is no time limit for applying. 

If the case meets the legal test, the CCRC can refer the conviction or sentence back to the appeal court.

What Happens if a Conviction is Quashed?

If the Court of Appeal finds a conviction unsafe, it can quash it, meaning the conviction is overturned. Depending on the case, this may bring the proceedings to an end, or the court may order a retrial.

However, having a conviction overturned does not automatically mean someone will receive compensation for false imprisonment or a wrongful conviction.

In England and Wales ,compensation under the miscarriage of justice scheme is only available in specific circumstances. This generally requires a new or newly discovered fact showing beyond reasonable doubt that they did not commit the offence.

How Holborn Adams Can Help With an Unsafe Conviction

At Holborn Adams, we approach every appeal with a fresh review of the original case. Our criminal defence team examines trial transcripts, court rulings, evidence, disclosure issues, and possible legal errors to identify the strongest grounds for challenging the conviction.

We also investigate fresh evidence and work with independent forensic, digital or other experts where their findings could strengthen the appeal. If the usual appeals process has ended, we will assess whether the case provides grounds for an application to the CCRC.

If you believe you have been wrongly convicted, contact Holborn Adams today. Our team will review the evidence, identify the strongest route forward and build a focused strategy for challenging the conviction.

Frequently Asked Questions

What is an unsafe conviction?

An unsafe conviction is one that the Court of Appeal decides cannot safely stand. Under the Criminal Appeal Act 1968, this is the key test the court applies when hearing an appeal against a Crown Court conviction. Serious legal errors, evidence problems or important fresh evidence may all be relevant. 

What is a miscarriage of justice?

A miscarriage of justice is a serious failure of the justice system that may result in someone being wrongly convicted. The term does not itself provide grounds for appealing a conviction. Lawyers still need to identify the legal or evidential problems that could support an appeal.

How do you appeal a criminal conviction in the UK?

The route depends on the court. For a Crown Court conviction, you normally apply for leave to appeal to the Court of Appeal Criminal Division within 28 days. Different rules apply to a conviction from a magistrates' court, so early advice about the correct appeals process is important. 

How can I find out about a court case result in the UK?

How to find out about a court case result in the UK depends on the court and case. Some judgments are published online, while other results or records may be available from the relevant court or court service. For an appeal, a solicitor can identify which records and documents are needed.

Does new evidence automatically make a conviction unsafe?

No. Fresh evidence does not automatically make a conviction unsafe. The Court of Appeal considers its credibility, importance and the reasons it was not used at trial. The evidence must be relevant to the grounds of appeal and capable of making a meaningful difference to the case.

Does having a conviction quashed mean I will receive compensation?

No. Having a conviction quashed does not automatically entitle you to compensation. Compensation for false imprisonment or a wrongful conviction is a separate legal issue with its own rules. If your conviction is overturned, specialist advice can help you understand whether you may qualify.

Can I appeal a conviction years later?

Yes, a late appeal may be possible, but the normal time limit for applying against a Crown Court conviction is 28 days from conviction. If you apply later, you must explain the delay. The CCRC can also review old cases and places no time limit on applications. 

Should I apply to the Court of Appeal or the Criminal Cases Review Commission?

The Court of Appeal is normally the first route for appealing a Crown Court conviction. The CCRC generally becomes relevant after the usual appeal route has been used. It investigates possible miscarriages of justice and may refer a case back for a fresh appeal where its legal test is met.