HM Courts & Tribunals Service has tested audio recording in seven magistrates’ courtrooms as part of preparations for proposed changes to criminal appeals in England and Wales. The Ministry of Justice confirmed the pilot in a written answer to Parliament on 3 November 2026. The trial of the technology has ended, but it does not change how anyone appeals a conviction or sentence today.
What the pilot tested
The pilot ran from 15 September to 23 October 2026. Its evaluation will examine whether recordings can be retrieved, whether the audio and transcripts are clear and complete, and whether they accurately identify speakers and capture decisions, reasons and legal advice given during the hearing. It will not measure whether recordings improve appeal outcomes or make it easier for people to challenge decisions.
There is a separate proposal about broadcasting. Also on 3 November, a Commons committee debated a draft order that would allow the Chief Magistrate’s sentencing remarks in open court to be recorded and broadcast in limited circumstances. That is distinct from making an official audio record for use in the justice system. Neither development gives people attending court permission to make their own recordings.
Why the recording matters for appeals
At present, an eligible appeal against conviction from a magistrates’ court to the Crown Court is generally a rehearing: the Crown Court hears the case again rather than simply checking the magistrates’ decision for errors. The Courts and Tribunals Bill would change that. It would require permission to appeal and, if permission were granted, the Crown Court would consider the grounds it had permitted rather than automatically rehearing the whole case. The Bill would also require court rules to provide for official audio recording of summary trials and sentencing hearings, with an exception for Single Justice Procedure cases decided on the papers.
An accurate record would matter more under that system. If a defendant says the magistrates misunderstood a key piece of evidence, or gave a reason for sentence that the defence disputes, a transcript could help establish what was actually said. But a recording is only useful if it is complete and can be obtained when needed. The Bill leaves details about transcripts, including who may receive them and when a fee may be charged, to court rules. It has not become law; the House of Lords committee stage is listed to begin on 10 November 2026.
What to do if you are considering an appeal now
Do not wait for the pilot results or assume that a recording of your hearing exists. If you want to challenge a magistrates’ court decision, speak to a solicitor promptly. For an ordinary appeal against conviction or sentence to the Crown Court, the current rules and GOV.UK guidance generally require an appeal notice within 15 business days of sentence; different rules can apply if sentence was deferred or you are challenging another type of decision.
Keep the court paperwork and make a note of what you believe went wrong while the hearing is fresh in your mind. Tell your solicitor whether you pleaded guilty or were convicted after trial, what decision you want to challenge and when it was made. Those details help identify the right route and deadline. See our Criminal Appeals and Second Opinions service for more information.
This article gives general information about criminal procedure in England and Wales. It is not legal advice on any individual case.