Appeals

Following a criminal case, a convicted person may appeal against their conviction or sentence. The court may refuse the appeal or may allow the appeal in full or part. If the appeal is allowed in full, the court may order a retrial or may acquit the accused. If the accused pleaded guilty they can only appeal against the sentence.

If offenders appeal they can also apply for bail and may be released while waiting for the appeal to be heard (this is called ‘interim liberation’). All appeals in Scotland are heard by Judges in the Appeal Court, which is based in Edinburgh. The court is able to impose a higher or lower sentence, or may confirm the original sentence.

The prosecution has a limited right of appeal against sentence, but only where a sentence is 'unduly lenient'. Because of this, such appeals are rare. The prosecution cannot appeal against a 'not guilty' or a 'not proven' verdict.