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Criminal Defence & Bail Matters

Criminal Appeal & Revision

A conviction is not the end of the road. Appeal, revision, and where the sentence is the problem an application to reduce it, are all routes we pursue, and the time limits are short enough that acting quickly matters.

Code of Criminal Procedure 1898Appeal and revision time limits
Case file tied with a gold ribbon, an upward arrow and a gavel, for criminal appeals and revisions

Appeal or revision: which one, and by when

We take criminal appeals and revisions from the Magistrate to the Sessions Court and from there to the High Court Division, along with applications for suspension of sentence and bail pending appeal. We act both for convicted persons and for complainants dissatisfied with an acquittal or an inadequate sentence.

Appeal

An appeal re-examines the case on the evidence and the law. Success depends on identifying the findings that cannot stand: evidence wrongly accepted, contradictions overlooked, a defective charge or sanction, or a sentence out of proportion.

Revision

Revision is a narrower remedy directed at the legality and propriety of an order, and it is often the right route against interlocutory orders and against decisions where no appeal lies.

Sentence and bail pending appeal

Where an appeal is admitted, we apply to suspend the sentence and for bail pending appeal, so that a person is not serving time while a strong appeal waits its turn.

Appeal periods are short. Every day after judgment eats into the time, and a late appeal needs condonation that may not be granted. If a judgment has gone against you, obtain the certified copy and take advice immediately.

What helps

  • The judgment and order, and the certified copy
  • The trial record: charge, evidence and exhibits
  • The date of judgment, which fixes the deadline
  • Custody details, for a bail application pending appeal

Where it is heard, and how long it takes

Appeals from a Magistrate go to the Sessions Judge; appeals in Sessions cases go to the High Court Division, with revisions available in both. Admission and suspension of sentence can be dealt with quickly. The substantive hearing takes considerably longer, often a year or more.

Illustration representing criminal appeals and revisions
How an appeal runs
1

Get the judgment and fix the limit

We obtain the certified copy and diarise the appeal deadline immediately.

2

Find the grounds

We read the record for the findings and rulings that cannot stand.

3

File and seek interim relief

We file the appeal or revision and apply to suspend sentence and for bail.

4

Argue the appeal

We prepare and argue the appeal on the record and on the law.

Appeal time limits are short. Move at once.Book a Consultation

Read the free guides first

Most of what clients ask at a first meeting is answered step by step in our free guides. Read the ones below first; book a consultation when you want the chamber to act.

Common questions

How long do I have to appeal?

The period is short and runs from the judgment, so the certified copy should be obtained straight away. A late appeal needs the delay to be condoned, which is never guaranteed.

Can I stay out of custody while the appeal is heard?

Where an appeal is admitted we apply to suspend the sentence and for bail pending appeal. Whether it is granted depends on the offence, the sentence and the strength of the appeal.

Can a complainant challenge an acquittal?

There are routes for a complainant or the State to challenge an acquittal or an inadequate sentence, subject to the rules and time limits. We advise on what is open in your case.

What is the difference between an appeal and a revision?

An appeal is a right the CrPC gives against a conviction or sentence. A revision is the higher court’s power to correct an illegal or improper order, used mostly where no appeal lies, such as interim orders.

Can I appeal against the framing of charge?

No appeal lies against framing of charge. The remedy is a criminal revision or an application under s.561A CrPC to the High Court Division to quash the proceedings.

Challenge a conviction or sentence

Appeals and revisions, moved within the time that matters. A written assessment costs nothing.

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