Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Appeal definition

What does Appeal mean? An appeal is the process for challenging a decision and asking a higher court, tribunal or internal decision-maker to review it, for example after a disciplinary or dismissal outcome, or a court or tribunal judgment. The term is descriptive; the available routes, time limits and tests are set by statute and procedural rules (e.g., CPR Part 52 in England & Wales), not by a single definition. Key features across England & Wales, Scotland, Northern Ireland and Ireland include: strict filing deadlines; permission/leave in many cases; defined grounds of appeal (typically error of law or procedural unfairness; factual findings are rarely...

Interlocutory prosecution appeals under CJA 2003 Part 9: adverse Crown Court rulings—conditions precedent, procedure and appellate tests (England and Wales)

Published by a LexisNexis Corporate Crime expert

Practice notes

Prosecutor’s Appeal against adverse rulings

This Practice Note addresses the prosecution’s entitlement, under Part 9 of the Criminal Justice Act 2003 (CJA 2003), to challenge unfavourable rulings made by the Crown Court in trials on Indictment.

By virtue of CJA 2003, ss 57–74 (Part 9), the prosecution may appeal an adverse ruling of a Crown Court judge relating to a Trial on indictment. The appeal is to the Court of Appeal and may proceed only with leave from the trial judge or the Court of Appeal.

Such appeals fall into two principal categories:

the general right to appeal a Crown Court ruling, and
the right to appeal evidential rulings that materially weaken the prosecution case—the relevant provisions are not yet in force

This Practice Note concerns only the first category of appeal.

The prosecution has no right to appeal a defendant’s acquittal in the Crown Court.

The purpose of enabling appeals against Crown Court rulings is to provide the prosecution with an interlocutory Remedy where a trial judge’s decision would prejudice its case and, if the ruling is shown to be erroneous and the defendant...

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Eva Niculiu

Three Raymond Buildings

Eva is a barrister at Three Raymond Buildings, specialising in crime and associated areas including extradition, licensing, and regulatory law. She represents defendants across the full range of criminal offences, and has experience representing young people and dealing with young and vulnerable witnesses. She has acted as led junior counsel for the defence in complex fraud trials, and in a murder appeal against conviction. She also prosecutes on behalf of the CPS and a range of other agencies including Transport for London and the Security Industry Authority. In extradition cases, Eva appears on behalf of requested persons both at first instance and on appeal in the High Court. She acts for the Metropolitan Police Service in applications for civil preventative orders such as sexual harm prevention orders, sexual risk orders, and closure orders. Accordingly she is also well placed to advise and represent...

Web page updated on 21/05/2026

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