Your appeal
Start where you are
Nobody plans for this. Pick the situation closest to yours and take the next step. You do not need to understand the whole system today.
Check your deadline first. The time to start an appeal can be short, sometimes around 30 days, and it differs by place and by court. If you are close to it or past it, call legal aid or a lawyer today. A late appeal can sometimes still be allowed, but do not wait.
I was just convicted
The clock is running. Here is what to do this week.
- Write down the exact dates of the verdict and the sentence. The deadline usually runs from one of them.
- Tell your lawyer today that you want to appeal, and ask them to confirm the deadline in writing. If you have no lawyer, ask the court registry how to file a notice of appeal.
- Apply for legal aid for the appeal, and ask whether the court can appoint a lawyer if that is refused.
- If you are in custody, ask about bail pending appeal.
- Keep everything together: the charge document, the decision, the sentence, and every letter from your lawyer.
I missed the deadline
Courts can extend some deadlines. Ask about more time.
- Find out what the deadline actually was and how long ago it passed.
- Write down why it was missed. For example, your lawyer did not file, nobody told you, or you were unwell.
- Ask a lawyer or legal aid about an extension of time. Many courts can grant one. They often ask whether you always meant to appeal, why you are late, and whether the appeal has merit.
- Move now. Each month you wait can make the request harder.
I lost my appeal
There may be another level, or a review after appeals end.
- Read the decision and ask a lawyer exactly what the court decided, and why.
- Ask whether you can go to a higher court. This usually needs permission, and it has its own short deadline.
- Ask what exists after appeals end. Many places have a review body, a second appeal law, a post-conviction process, or a mercy power.
- If you say you did not commit the offence, write to an innocence organisation. They are selective and often have long waits, but they do read applications.
There is new evidence
What courts need to see, and how to protect it.
- Write down what the evidence is, who has it, and when you first learned of it.
- Keep any originals safe. Do not approach witnesses about their evidence yourself. Ask a lawyer to do that.
- Note why it was not used at trial. Courts almost always ask.
- Speak to an appeal lawyer before you act. The right route depends on whether your appeal is still open.
It is someone I love
How family can help from the outside.
- Gather the person's full name, court file number, the dates of verdict and sentence, and the name of their trial lawyer.
- Call legal aid or the court registry. They can answer general questions from you, though they may need written permission to discuss the file.
- Keep one folder of letters, decisions and dates. It saves a lawyer hours.
- Remember that calls from custody are often recorded. Talk about how they are doing, not the facts of the case.
- Look after yourself as well. This is a long road for families too.
My lawyer let me down
When a lawyer's failure can be a ground of appeal.
- Write down what went wrong, with dates. For example, witnesses not called, disclosure not reviewed, or pressure to plead guilty.
- Talk to a different lawyer about the appeal. Courts usually want to see both poor performance and real harm to the fairness of the trial or to its result.
- Expect your former lawyer to be given a chance to respond. Raising this can open up what you and that lawyer discussed.
- A complaint to the law society is a separate thing. It can address the lawyer's conduct, but it cannot overturn a conviction.
Guides by country
These pages explain how appeals generally work. They are not legal advice about your case.