... may hear evidence that was not available at the original trial but it does not happen frequently and the court mainly relies on transcripts and legal arguments. Under the Criminal Appeals Act 1995, the Court of Appeal allows an appeal (and possibly orders a new trial) if it considers the conviction unsafe, but dismisses it otherwise; this replaced the previous more complex tests but has made little difference in practice. On an appeal against sentence, the sentence may be decreased but not increased, except that one part may be increased to compensate for a reduction elsewhere. Time spent in prison on remand or awaiting appeal is normally counted against the sentence, but the Court of Appeal has the power to date sentence from its own decision and so discourage frivolous appeals. When an appeal is allowed (and no new trial is ordered), the conviction is no longer regarded as such, and the ...

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