Criminal Defence Criminal Appeals Extradition An individual who has been convicted of a criminal offence, has the right to appeal their conviction and/or sentence. Similarly, if an individual pleaded guilty to an offence, they may wish to appeal their sentence or seek to withdraw their plea. An appeal is not a new trial and generally, new evidence cannot be presented. In order to be successful, the appeal court must find that there was an error made during the first trial and/or sentencing. The appeal court can impose a different sentence or in the case of conviction appeals, either make a different decision or send the case back to the original court for a new trial.