Missed Your Appeal Deadline? What You Can Still Do

If you're reading this because you think you've missed your appeal deadline, you're probably feeling a mix of panic, frustration and regret. That's completely understandable. Appeal time limits in criminal cases are tight, the paperwork is confusing, and it's very easy for people to lose track of dates – especially when they're trying to process the outcome of a trial or sentence.

The good news is that missing a deadline doesn't always mean the end of the road. In many cases there are still options, but you need to act quickly and get clear advice. This guide walks you through what the usual time limits are, what “out of time” appeals are, and what practical steps you can still take now.

How Criminal Appeal Deadlines Normally Work

In England and Wales, appeal deadlines are strict and start running very quickly after your case finishes in court. The exact time limit depends on which court dealt with your case:

If your case was in the Magistrates' Court, you normally have 21 days from the date of sentence to appeal to the Crown Court.

If your case was in the Crown Court, you usually have 28 days from the date of sentence to apply for permission to appeal against conviction or sentence in the Court of Appeal (Criminal Division).

Those deadlines can pass surprisingly quickly. People often don't get full advice at the time, think they need to “live with it”, or only later realise that something may have gone badly wrong at trial or sentencing.

Does Missing the Deadline Mean I Have No Chance?

Not necessarily. In many situations, the appeal court has the power to consider an appeal even though it's out of time. However, it's not automatic – you have to ask the court for permission and explain why your appeal is late.

In simple terms, the court will want to know two main things:

• Whether there is an arguable case that your conviction is unsafe or your sentence is wrong
• Whether there is a good reason why the appeal wasn't lodged in time

If both of those points can be made clearly and supported with evidence, the court can still allow your appeal to go ahead out of time. That's why getting a proper review of your case is so important, even if you think the deadline has gone.

Common Reasons People Miss Appeal Deadlines

Real life is messy. People miss deadlines for all sorts of reasons, many of which are completely understandable. Some examples we see again and again include:

You didn't get clear advice at the time. After sentence, everything can feel rushed. You may not have understood that you only had 21 or 28 days to act, or you may simply have been too shocked to take in what was said.

You were told there was “no point” appealing. Sometimes people only later discover that important evidence was missed, the judge's directions may have been flawed, or the sentence doesn't match the guidelines – even though they were originally told there was nothing to challenge.

Your personal situation made it impossible to act quickly. Illness, mental health issues, being moved between prisons, or not having access to paperwork can all make it very hard to do anything within a tight deadline.

None of these automatically mean an out-of-time appeal will be allowed – but they are the kind of things a specialist criminal appeal solicitor can explain and put into proper legal context.

What Can You Still Do If You're Out of Time?

Exactly what's possible will depend on your case, which court dealt with it, how late the appeal is, and how strong the potential grounds of appeal are. But broadly, there are a few key routes to explore.

1. Ask for an Out-of-Time Appeal

For both conviction and sentence appeals, you can usually still apply to the Court of Appeal (or Crown Court on appeal from the Magistrates' Court) out of time. Your legal team will:

• Review the trial or sentencing materials to see if there are arguable grounds of appeal
• Prepare a detailed explanation of why the notice of appeal is late
• Explain why, despite the delay, it is in the interests of justice for the appeal to be heard

The longer the delay, the more carefully the court will look at your explanation. But strong appeal points can still sometimes overcome quite significant delay, especially where you clearly didn't understand your rights at the time or were badly advised.

You can read more about how this works in our dedicated guide: Appeals Against Conviction.

2. Focus on Sentence Rather Than Conviction

In some cases, it may be more realistic to challenge the sentence rather than the conviction itself – especially if the trial was long ago or the evidence against you was strong.

If your sentence is plainly too high for the type of offence, out of line with the Sentencing Guidelines, or fails to take proper account of your personal circumstances, there may still be scope to argue that it is “manifestly excessive” even after the deadline.

Our page on Appeals Against Sentence explains how this can work in more detail.

3. Apply to the Criminal Cases Review Commission (CCRC)

If a conviction is very old, previous appeals have been refused, or the normal appeal routes are exhausted, the Criminal Cases Review Commission (CCRC) may still be able to help.

The CCRC looks at potential miscarriages of justice and can refer a case back to the Court of Appeal if there is a real possibility the conviction would not now be upheld. This is often based on new evidence or arguments that weren't available at the time.

CCRC applications are complex and usually involve a long-term strategy. You can find more information on our CCRC & Post-Conviction Options page.

4. Get a Proper Case Review and Second Opinion

Even if you're not sure whether anything went wrong in your case, it is still worth having a specialist appeal solicitor review the papers with fresh eyes. A second opinion can be particularly useful if you:

• Didn't fully understand the advice you got at the time
• Feel your previous representation didn't properly present your case
• Have since discovered new information or witnesses

Our Case Review & Appeal Advice service is designed exactly for situations like this – including cases where deadlines may already have passed.

What a Specialist Appeal Solicitor Will Usually Do First

If you contact a criminal appeal specialist after the deadline, their first priority will be to get a clear picture of your case and how time-limits have been missed. Practically, that often means:

1. Getting hold of the key documents. This might include the indictment, trial judge's summing up, sentencing remarks, skeleton arguments, previous advice on appeal, and any relevant transcripts. Our Evidence & Documentation team focuses on exactly this type of work.

2. Identifying possible grounds of appeal. That could be errors in law, misdirections to the jury, failure to put your case properly, or a sentence that departs from the guidelines without justification.

3. Taking a detailed history from you. The solicitor will want to know what you were told at the time, what you understood about appeal deadlines, and what's happened since. This all feeds into explaining any delay to the court.

Only once that work is done can you get honest advice on whether it is worth pursuing an out-of-time appeal or whether another route (like the CCRC) is more realistic.

Funding and Legal Aid for Late Appeals

Money is a real worry for many people thinking about appeals. In some cases, it may still be possible to obtain criminal legal aid for appeal work, depending on your means and the merits of the case. In others, you may be looking at privately funded advice and representation.

A good appeal solicitor will be upfront about:

• Whether legal aid is likely to be available in your situation
• What initial review work can be done and at what cost
• What further steps (like transcripts or expert reports) might be needed

The key is transparency. You should never feel pressured into chasing an appeal that has no realistic prospect of success – but equally, you shouldn't be left wondering whether you gave up too soon.

Missed the Deadline? Here's What To Do Next

If you think you've missed your appeal deadline, the most important thing is not to sit on it for months hoping it will somehow sort itself out. Time still matters, even after the formal limit has gone.

As a simple checklist:

• Make a note of the exact dates of conviction and sentence, if you can
• Gather any paperwork you have from your trial, sentence or previous solicitors
• Write down in your own words what you think went wrong and why you think it was unfair
• Speak to a specialist criminal appeal solicitor as soon as possible

Even if the answer is that an appeal would now be very difficult, it is better to know that from a position of clear, specialist advice than to be left wondering for years.

Final Thoughts

Missing an appeal deadline can feel like the door has slammed shut. In reality, there are often still options – but they become harder the longer you wait and the less structured your approach is.

A calm, expert review of your case can help you understand whether there are arguable grounds of appeal, whether an out-of-time application is realistic, or whether longer-term options like the CCRC should be explored instead.

You don't have to work all of this out on your own. Getting the right help early can make a real difference to what happens next.