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The Criminal Procedure Rules 2010

Type Statutory-Instrument

Publication 2010-01-11

State In force

Department Queen's Printer of Acts of Parliament

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(g) interest on costs from or until a certain date, including a date before the making of an order.

(6) Where the court would otherwise consider making an order under paragraph (5)(f), it must instead, if practicable, make an order under paragraph (5)(a) or (c).

(7) Where the court has ordered a party to pay costs, it may order an amount to be paid on account before the costs are assessed.

[Note. See section 52 of the Senior Courts Act 1981[^f00474].]

Assessment of costs

61.20

(1) Where the Crown Court has made an order for costs in restraint proceedings or receivership proceedings it may either—

(a) make an assessment of the costs itself; or

(b) order assessment of the costs under rule 76.11.

(2) In either case, the Crown Court or the assessing authority, as the case may be, must—

(a) only allow costs which are proportionate to the matters in issue; and

(b) resolve any doubt which it may have as to whether the costs were reasonably incurred or reasonable and proportionate in favour of the paying party.

(3) The Crown Court or the assessing authority, as the case may be, is to have regard to all the circumstances in deciding whether costs were proportionately or reasonably incurred or proportionate and reasonable in amount.

(4) In particular, the Crown Court or the assessing authority must give effect to any orders which have already been made.

(5) The Crown Court or the assessing authority must also have regard to—

(a) the conduct of all the parties, including in particular, conduct before, as well as during, the proceedings;

(b) the amount or value of the property involved;

(d) the particular complexity of the matter or the difficulty or novelty of the questions raised;

(e) the skill, effort, specialised knowledge and responsibility involved;

(f) the time spent on the application; and

(g) the place where and the circumstances in which work or any part of it was done.

Time for complying with an order for costs

61.21

A party to restraint proceedings or receivership proceedings must comply with an order for the payment of costs within 14 days of—

(a) the date of the order if it states the amount of those costs;

(b) if the amount of those costs is decided later under rule 76.11, the date of the assessing authority’s decision; or

Application of costs rules

61.22

Rules 61.19, 61.20 and 61.21 do not apply to the assessment of costs in proceedings to the extent that section 11 of the Access to Justice Act 1999 applies and provisions made under that Act make different provision.

PART 62 — CONTEMPT OF COURT

Contents of this Part

When this Part applies	rule 62.1
Exercise of court’s power to punish for contempt of court	rule 62.2
Application to punish for contempt of court	rule 62.3
Notice of suspension of punishment	rule 62.4
Application to discharge an order for imprisonment	rule 62.5
Introduction of written witness statement or other hearsay	rule 62.6
Content of written witness statement	rule 62.7
False statements	rule 62.8
Content of notice of other hearsay	rule 62.9
Cross-examination of maker of
written witness statement or other hearsay	rule 62.10
Credibility and consistency of maker of
written witness statement or other hearsay	rule 62.11
Court’s power to vary requirements under this Part	rule 62.12

When this Part applies

62.1

(1) This Part applies—

(a) in the Crown Court, where a person is accused of disobeying—

(i) an order of the Crown Court, or

(ii) any other order, where legislation allows that person to be punished as if that were an order of the Crown Court;

(b) in magistrates’ courts and in the Crown Court, where a person is accused of contempt of court under section 18 of the Criminal Procedure and Investigations Act 1996[^f00475].

(2) In this Part, ‘respondent’ means any such accused person.

[Note. The Crown Court has power to punish for contempt of court a person who disobeys its order: see section 45 of the Senior Courts Act 1981[^f00476].

Exercise of court’s power to punish for contempt of court

62.2

The court must not exercise its power to punish the respondent for contempt of court in the respondent’s absence, unless the respondent has had at least 14 days in which to—

(a) make any representations; and

(b) introduce any evidence.

Application to punish for contempt of court

62.3

(1) A person who wants the court to exercise its power to punish the respondent for contempt of court must—

(a) apply in writing and serve the application on the court officer; and

(b) serve on the respondent—

(i) the application, and

(ii) notice of where and when the court will hear the application (not less than 14 days after service).

(2) The application must—

(a) identify the respondent;

(b) explain that it is an application for the respondent to be punished for contempt of court;

(c) contain such particulars of the conduct constituting contempt of court as to make clear what the applicant alleges against the respondent; and

(d) include a notice warning the respondent that the court—

(i) can impose imprisonment, or a fine, or both, for contempt of court, and

(ii) may deal with the application in the respondent’s absence, if the respondent does not attend the hearing of the application.

[Note. The Practice Direction sets out a form of application for use in connection with this rule.

Notice of suspension of punishment

62.4

(1) This rule applies where—

(a) the court exercises its power to suspend a punishment it imposes for contempt of court—

(i) for a period, or

(ii) conditionally; and

(b) the respondent is absent when the court does so.

(2) The applicant must serve on the respondent notice of the terms of the court’s order.

Application to discharge an order for imprisonment

62.5

(1) This rule applies where—

(a) the court has ordered the respondent’s imprisonment for contempt of court; and

(b) the respondent wants the court to discharge that order.

(2) The respondent must—

(a) apply in writing;

(b) serve the application on—

(i) the court officer, and

(ii) the applicant who applied for the respondent’s punishment;

(d) ask for a hearing, if the respondent wants one.

Introduction of written witness statement or other hearsay

62.6

(1) A party who wants to introduce in evidence the written statement of a witness, or other hearsay, must—

(a) serve a copy of the statement, or notice of other hearsay, on—

(i) the court officer, and

(ii) the other party; and

(b) serve the copy or notice—

(i) when serving the application under rule 62.3, in the case of the applicant, or

(ii) not more than 7 days after service of that application, in the case of the respondent.

(2) Such service is notice of that party’s intention to introduce in evidence that written witness statement, or other hearsay, unless that party otherwise indicates when serving it.

(3) A party entitled to receive such notice may waive that entitlement by so informing the court officer and the party who would have given it.

[Note. On an application under rule 62.3, hearsay evidence is admissible under the Civil Evidence Act 1995[^f00478]. Section 1(2) of the 1995 Act defines hearsay as meaning ‘a statement made otherwise than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matters stated’. Section 13 of the Act defines a statement as meaning ‘any representation of fact or opinion, however made’.

Content of written witness statement

62.7

(1) This rule applies to a written witness statement served under rule 62.6.

(2) Such a written witness statement must contain a declaration by the person making it that it is true to the best of that person’s knowledge and belief.

False statements

62.8

(1) In the Crown Court, the court can punish for contempt of court a person who makes, or causes to be made, a false statement in such a written witness statement without an honest belief in its truth.

(2) The Crown Court may exercise its power to punish that person for contempt of court—

(a) on an application by a party, with the court’s permission; or

(b) on its own initiative.

(3) A person who wants the court to exercise that power must comply with the rules in this Part.

Content of notice of other hearsay

62.9

(1) This rule applies to a notice of hearsay, other than a written witness statement, served under rule 62.6.

(2) Such a notice must—

(a) set out the evidence, or attach the document that contains it; and

(b) identify the person who made the statement that is hearsay.

Cross-examination of maker of written witness statement or other hearsay

62.10

(1) This rule applies where a party wants the court’s permission to cross-examine the maker of a written witness statement, or other hearsay statement, served under rule 62.6.

(2) The party who wants to cross-examine that person must—

(a) apply in writing, with reasons; and

(b) serve the application on—

(i) the court officer, and

(ii) the party who served the hearsay.

(3) A respondent who wants to cross-examine such a person must apply to do so not more than 7days after service of the hearsay by the applicant.

(4) An applicant who wants to cross-examine such a person must apply to do so not more than 3days after service of the hearsay by the respondent.

(5) The court—

(a) may decide an application under this rule without a hearing; but

(b) must not dismiss such an application unless the person making it has had an opportunity to make representations at a hearing.

[Note. See also section 3 of the Civil Evidence Act 1995[^f00479].]

Credibility and consistency of maker of written witness statement or other hearsay

62.11

(1) This rule applies where a party wants to challenge the credibility or consistency of the maker of a written witness statement, or other hearsay statement, served under rule 62.6.

(2) The party who wants to challenge the credibility or consistency of that person must—

(a) serve a written notice of intention to do so on—

(i) the court officer, and

(ii) the party who served the hearsay; and

(b) in it, identify any statement or other material on which that party relies.

(3) A respondent who wants to challenge such a person’s credibility or consistency must serve such a notice not more than 7 days after service of the hearsay by the applicant.

(4) An applicant who wants to challenge such a person’s credibility or consistency must serve such a notice not more than 3 days after service of the hearsay by the respondent.

(5) The party who served the hearsay—

(a) may call that person to give oral evidence instead; and

(b) if so, must serve a notice of intention to do so on—

(i) the court officer, and

(ii) the other party

as soon as practicable after service of the notice under paragraph (2).

[Note. Section 5(2) of the Civil Evidence Act 1995 describes the procedure for challenging the credibility of the maker of a statement of which hearsay evidence is introduced.

Court’s power to vary requirements under this Part

62.12

(1) The court may shorten or extend (even after it has expired) a time limit under this Part.

(2) A person who wants an extension of time must—

(a) apply when serving the statement, notice or application for which it is needed; and

(b) explain the delay.

PART 63 — APPEAL TO THE CROWN COURT

Contents of this Part

When this Part applies	rule 63.1
Service of appeal notice	rule 63.2
Form of appeal notice	rule 63.3
Duty of magistrates’ court officer	rule 63.4
Duty of person keeping exhibit	rule 63.5
Reference by the Criminal Cases Review Commission	rule 63.6
Hearings and decisions	rule 63.7
Abandoning an appeal	rule 63.8
Court’s power to vary requirements under this Part	rule 63.9
Constitution of the Crown Court	rule 63.10

When this Part applies

63.1

(1) This Part applies where—

(a) a defendant wants to appeal under—

(i) section 108 of the Magistrates’ Courts Act 1980[^f00481],

(ii) section 45 of the Mental Health Act 1983[^f00482],

(iii) paragraph 10 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000[^f00483], or paragraphs 9(8) or 13(5) of Schedule 8 to the Criminal Justice Act 2003[^f00484],

(iv) section 10 of the Violent Crime Reduction Act 2006[^f00485],

(v) section 42 of the Counter Terrorism Act 2008[^f00486];

(b) the Criminal Cases Review Commission refers a defendant’s case to the Crown Court under section 11 of the Criminal Appeal Act 1995[^f00487];

(i) section 14A(5A) of the Football Spectators Act 1989[^f00488], or

(ii) section 147(3) of the Customs and Excise Management Act 1979[^f00489]; or

(d) a person wants to appeal under—

(i) section 1 of the Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956[^f00490],

(ii) section 12(5) of the Contempt of Court Act 1981[^f00491],

(iii) regulation 3C or 3H of The Costs in Criminal Cases (General) Regulations 1986[^f00492], or

(iv) section 22 of the Football Spectators Act 1989[^f00493].

(2) A reference to an ‘appellant’ in this Part is a reference to such a party or person.

[Note. An appeal to the Crown Court is by way of re-hearing: see section 79(3) of the Senior Courts Act 1981[^f00494]. For the powers of the Crown Court on an appeal, see section 48 of that Act.

Service of appeal notice

63.2

(1) An appellant must serve an appeal notice on—

(a) the magistrates’ court officer; and

(b) every other party.

(2) The appellant must serve the appeal notice—

(a) as soon after the decision appealed against as the appellant wants; but

(b) not more than 21 days after—

(i) sentence or the date sentence is deferred, whichever is earlier, if the appeal is against conviction or against a finding of guilt,

(ii) sentence, if the appeal is against sentence, or

(iii) the order or failure to make an order about which the appellant wants to appeal, in any other case.

(3) The appellant must—

(a) serve with the appeal notice any application for an extension of the time limit under this rule; and

(b) in that application, explain why the appeal notice is late.

[Note. Under section 1(1) of the Powers of Criminal Courts (Sentencing) Act 2000[^f00496], a magistrates’ court may defer passing sentence for up to 6 months.]

Form of appeal notice

63.3

The appeal notice must be in writing and must—

(a) specify—

(i) the conviction or finding of guilt,

(ii) the sentence, or

(iii) the order, or the failure to make an order

about which the appellant wants to appeal;

(b) summarise the issues;

(i) identify the prosecution witnesses whom the appellant will want to question if they are called to give oral evidence, and

(ii) say how long the trial lasted in the magistrates’ court and how long the appeal is likely to last in the Crown Court;

(d) in an appeal against a finding that the appellant insulted someone or interrupted proceedings in the magistrates’ court, attach—

(i) the magistrates’ court’s written findings of fact, and

(ii) the appellant’s response to those findings;

(e) say whether the appellant has asked the magistrates’ court to reconsider the case; and

(f) include a list of those on whom the appellant has served the appeal notice.

[Note. The Practice Direction sets out a form of appeal notice for use in connection with this rule.

Duty of magistrates’ court officer

63.4

The magistrates’ court officer must—

(a) as soon as practicable serve on the Crown Court officer—

(i) the appeal notice and any accompanying application served by the appellant,

(ii) details of the parties including their addresses,

(iii) a copy of each magistrates’ court register entry relating to the decision under appeal and to any application for bail pending appeal, and

(iv) any report received for the purposes of sentencing;

(b) keep any document or object exhibited in the proceedings in the magistrates’ court, or arrange for it to be kept by some other appropriate person, until—

(i) 6 weeks after the conclusion of those proceedings, or

(ii) the conclusion of any proceedings in the Crown Court that begin within that 6weeks; and

(c) provide the Crown Court with any document, object or information for which the Crown Court officer asks, within such period as the Crown Court officer may require.

Duty of person keeping exhibit

63.5

A person who, under arrangements made by the magistrates’ court officer, keeps a document or object exhibited in the proceedings in the magistrates’ court must—

(a) keep that exhibit until—

(i) 6 weeks after the conclusion of those proceedings, or

(ii) the conclusion of any proceedings in the Crown Court that begin within that 6weeks,

unless the magistrates’ court or the Crown Court otherwise directs; and

(b) provide the Crown Court with any such document or object for which the Crown Court officer asks, within such period as the Crown Court officer may require.

Reference by the Criminal Cases Review Commission

63.6

(1) The Crown Court officer must, as soon as practicable, serve a reference by the Criminal Cases Review Commission on—

(a) the appellant;

(b) every other party; and

(2) The appellant may serve an appeal notice on—

(a) the Crown Court officer; and

(b) every other party,

not more than 21 days later.

(3) The Crown Court must treat the reference as the appeal notice if the appellant does not serve an appeal notice.

Hearings and decisions

63.7

(1) The Crown Court as a general rule must hear in public an appeal or reference to which this Part applies, but—

(a) may order any hearing to be in private; and

(b) where a hearing is about a public interest ruling, must hold that hearing in private.

(2) The Crown Court officer must give as much notice as reasonably practicable of every hearing to—

(a) the parties;

(b) any party’s custodian; and

(3) The Crown Court officer must serve every decision on—

(a) the parties;

(b) any other person whom the Crown Court requires to be served; and

(4) But where a hearing or decision is about a public interest ruling, the Crown Court officer must not—

(a) give notice of that hearing to; or

(b) serve that decision on,

anyone other than the prosecutor who applied for that ruling, unless the court otherwise directs.

[Note. See also Part 22 (Disclosure).]

Abandoning an appeal

63.8

(1) The appellant—

(a) may abandon an appeal without the Crown Court’s permission, by serving a notice of abandonment on—

(i) the magistrates’ court officer,

(ii) the Crown Court officer, and

(iii) every other party

before the hearing of the appeal begins; but

(b) after the hearing of the appeal begins, may only abandon the appeal with the Crown Court’s permission.

(2) A notice of abandonment must be signed by or on behalf of the appellant.

(3) Where an appellant who is on bail pending appeal abandons an appeal—

(a) the appellant must surrender to custody as directed by the magistrates’ court officer; and

(b) any conditions of bail apply until then.

[Note. The Practice Direction sets out a form of notice of abandonment for use in connection with this rule.

Court’s power to vary requirements under this Part

63.9

The Crown Court may—

(a) shorten or extend (even after it has expired) a time limit under this Part;

(b) allow an appellant to vary an appeal notice that that appellant has served;

(d) allow an appeal notice or a notice of abandonment to be in a different form to one set out in the Practice Direction, or to be presented orally.

Constitution of the Crown Court

63.10

On the hearing of an appeal—

(a) the general rule is that the Crown Court must comprise—

(i) a judge of the High Court, a Circuit judge or a Recorder, and

(ii) no less than two and no more than four justices of the peace, none of whom took part in the decision under appeal; and

(b) if the appeal is from a youth court—

(i) each justice of the peace must be qualified to sit as a member of a youth court, and

(ii) the Crown Court must include a man and a woman; but

(i) the presiding judge decides that otherwise the start of the appeal hearing will be delayed unreasonably, or

(ii) one or more of the justices of the peace who started hearing the appeal is absent.

[Note. See sections 73 and 74 of the Senior Courts Act 1981[^f00500], section 45 of the Children and Young Persons Act 1933[^f00501]and section 9 of the Courts Act 2003[^f00502].]

PART 64 — APPEAL TO THE HIGH COURT BY WAY OF CASE STATED

Contents of this Part

Application to a magistrates’ court to state a case	rule 64.1
Consideration of a draft case by a magistrates’ court	rule 64.2
Preparation and submission of final case to a magistrates’ court	rule 64.3
Extension of time limits by a magistrates’ court	rule 64.4
Content of case stated by a magistrates’ court	rule 64.5
Application to the Crown Court to state a case	rule 64.6

Application to a magistrates’ court to state a case

64.1

(1) An application under section 111(1) of the Magistrates’ Courts Act 1980[^f00503] shall be made in writing and signed by or on behalf of the applicant and shall identify the question or questions of law or jurisdiction on which the opinion of the High Court is sought.

(2) Where one of the questions on which the opinion of the High Court is sought is whether there was evidence on which the magistrates’ court could come to its decision, the particular finding of fact made by the magistrates’ court which it is claimed cannot be supported by the evidence before the magistrates’ court shall be specified in such application.

(3) Any such application shall be sent to a court officer for the magistrates’ court whose decision is questioned.

[Note. For the procedure to be followed in the High Court, see Part 52 of The Civil Procedure Rules 1998[^f00504].]

Consideration of a draft case by a magistrates’ court

64.2

(1) Within 21 days after receipt of an application made in accordance with rule 64.1, a court officer for the magistrates’ court whose decision is questioned shall, unless the justices refuse to state a case under section 111(5) of the Magistrates’ Courts Act 1980, send a draft case in which are stated the matters required under rule 64.6 (content of case stated) to the applicant or his legal representative and shall send a copy thereof to the respondent or his legal representative.

(2) Within 21 days after receipt of the draft case under paragraph (1), each party may make representations thereon. Any such representations shall be in writing and signed by or on behalf of the party making them and shall be sent to the magistrates’ court officer.

(3) Where the justices refuse to state a case under section 111(5) of the 1980 Act and they are required by a mandatory order of the High Court under section 111(6) to do so, this rule shall apply as if in paragraph (1)—

(a) for the words ‘receipt of an application made in accordance with rule 64.1’ there were substituted the words ‘the date on which a mandatory order under section 111(6) of the 1980 Act is made’; and

(b) the words ‘unless the justices refuse to state a case under section 111(5) of the 1980 Act’ were omitted.

Preparation and submission of final case to a magistrates’ court

64.3

(1) Within 21 days after the latest day on which representations may be made under rule 64.2, the justices whose decision is questioned shall make such adjustments, if any, to the draft case prepared for the purposes of that rule as they think fit, after considering any such representations, and shall state and sign the case.

(2) A case may be stated on behalf of the justices whose decision is questioned by any 2 or more of them and may, if the justices so direct, be signed on their behalf by the justices’ clerk.

(3) Forthwith after the case has been stated and signed a court officer for the court shall send it to the applicant or his legal representative, together with any statement required by rule 64.4.

Extension of time limits by a magistrates’ court

64.4

(1) If a magistrates’ court officer is unable to send to the applicant a draft case under rule 64.2(1) within the time required by that paragraph, he shall do so as soon as practicable thereafter and the provisions of that rule shall apply accordingly; but in that event a court officer shall attach to the draft case, and to the final case when it is sent to the applicant or his legal representative under rule 64.3(3), a statement of the delay and the reasons for it.

(2) If a magistrates’ court officer receives an application in writing from or on behalf of the applicant or the respondent for an extension of the time within which representations on the draft case may be made under rule 64.2(2), together with reasons in writing for it, the justices’ clerk may, by notice in writing sent to the applicant, or respondent as the case may be, by the magistrates’ court officer, extend the time and the provisions of that paragraph and of rule 64.3 shall apply accordingly; but in that event the court officer shall attach to the final case, when it is sent to the applicant or his legal representative under rule 64.3(3), a statement of the extension and the reasons for it.

(3) If the justices are unable to state a case within the time required by rule 64.3(1), they shall do so as soon as practicable thereafter and the provisions of that rule shall apply accordingly; but in that event a court officer shall attach to the final case, when it is sent to the applicant or his legal representative under rule 64.3(3), a statement of the delay and the reasons for it.

Content of case stated by a magistrates’ court

64.5

(1) A case stated by the magistrates’ court shall state the facts found by the court and the question or questions of law or jurisdiction on which the opinion of the High Court is sought.

(2) Where one of the questions on which the opinion of the High Court is sought is whether there was evidence on which the magistrates’ court could come to its decision, the particular finding of fact which it is claimed cannot be supported by the evidence before the magistrates’ court shall be specified in the case.

(3) Unless one of the questions on which the opinion of the High Court is sought is whether there was evidence on which the magistrates’ court could come to its decision, the case shall not contain a statement of evidence.

Application to the Crown Court to state a case

64.6

(1) An application under section 28 of the Senior Courts Act 1981[^f00505] to the Crown Court to state a case for the opinion of the High Court shall be made in writing to a court officer within 21 days after the date of the decision in respect of which the application is made.

(2) The application shall state the ground on which the decision of the Crown Court is questioned.

(3) After making the application, the applicant shall forthwith send a copy of it to the parties to the proceedings in the Crown Court.

(4) On receipt of the application, the Crown Court officer shall forthwith send it to the judge who presided at the proceedings in which the decision was made.

(5) On receipt of the application, the judge shall inform the Crown Court officer as to whether or not he has decided to state a case and that officer shall give notice in writing to the applicant of the judge’s decision.

(6) If the judge considers that the application is frivolous, he may refuse to state a case and shall in that case, if the applicant so requires, cause a certificate stating the reasons for the refusal to be given to him.

(7) If the judge decides to state a case, the procedure to be followed shall, unless the judge in a particular case otherwise directs, be the procedure set out in paragraphs (8) to (12) of this rule.

(8) The applicant shall, within 21 days of receiving the notice referred to in paragraph (5), draft a case and send a copy of it to the Crown Court officer and to the parties to the proceedings in the Crown Court.

(9) Each party to the proceedings in the Crown Court shall, within 21 days of receiving a copy of the draft case under paragraph (8), either—

(a) give notice in writing to the applicant and the Crown Court officer that he does not intend to take part in the proceedings before the High Court;

(b) indicate in writing on the copy of the draft case that he agrees with it and send the copy to a court officer; or

(10) The judge shall consider the applicant’s draft case and any alternative draft case sent to the Crown Court officer under paragraph (9)(c).

(11) If the Crown Court so orders, the applicant shall, before the case is stated and delivered to him, enter before the Crown Court officer into a recognizance, with or without sureties and in such sum as the Crown Court considers proper, having regard to the means of the applicant, conditioned to prosecute the appeal without delay.

(12) The judge shall state and sign a case within 14 days after either—

(a) the receipt of all the documents required to be sent to a court officer under paragraph (9); or

(b) the expiration of the period of 21 days referred to in that paragraph,

whichever is the sooner.

(13) A case stated by the Crown Court shall state the facts found by the Crown Court, the submissions of the parties (including any authorities relied on by the parties during the course of those submissions), the decision of the Crown Court in respect of which the application is made and the question on which the opinion of the High Court is sought.

(14) Any time limit referred to in this rule may be extended either before or after it expires by the Crown Court.

(15) If the judge decides not to state a case but the stating of a case is subsequently required by a mandatory order of the High Court, paragraphs (7) to (14) shall apply to the stating of the case save that—

(a) in paragraph (7) the words ‘If the judge decides to state a case’ shall be omitted; and

(b) in paragraph (8) for the words ‘receiving the notice referred to in paragraph (5)’ there shall be substituted the words ‘the day on which the mandatory order was made’.

PART 65 — APPEAL TO THE COURT OF APPEAL: GENERAL RULES

Contents of this Part

When this Part applies	rule 65.1
Case management in the Court of Appeal	rule 65.2
Power to vary requirements	rule 65.3
Application for extension of time	rule 65.4
Renewing an application refused by a judge or the Registrar	rule 65.5
Hearings	rule 65.6
Notice of hearings and decisions	rule 65.7
Duty of Crown Court officer	rule 65.8
Duty of person transcribing proceedings in the Crown Court	rule 65.9
Duty of person keeping exhibit	rule 65.10
Registrar’s duty to provide copy documents for appeal or reference	rule 65.11
Declaration of incompatibility with a Convention right	rule 65.12
Abandoning an appeal	rule 65.13
Abandoning a ground of appeal or opposition	rule 65.14

When this Part applies

65.1

(1) This Part applies to all the applications, appeals and references to the Court of Appeal to which Parts 66, 67, 68, 69, 70 and 74 apply.

(2) In this Part and in those, unless the context makes it clear that something different is meant—

‘court’ means the Court of Appeal or any judge of that court;

‘Registrar’ means the Registrar of Criminal Appeals or a court officer acting with the Registrar’s authority.

[Note. See rule 2.2 for the usual meaning of ‘court’.

Case management in the Court of Appeal

65.2

(1) The court and the parties have the same duties and powers as under Part 3 (case management).

(2) The Registrar—

(a) must fulfil the duty of active case management under rule 3.2; and

(b) in fulfilling that duty may exercise any of the powers of case management under—

(i) rule 3.5 (the court’s general powers of case management),

(ii) rule 3.9(3) (requiring a certificate of readiness), and

(iii) rule 3.10 (requiring a party to identify intentions and anticipated requirements)

subject to the directions of the court.

(3) The Registrar must nominate a case progression officer under rule 3.4.

Power to vary requirements

65.3

The court or the Registrar may—

(a) shorten a time limit or extend it (even after it has expired) unless that is inconsistent with other legislation;

(b) allow a party to vary any notice that that party has served;

(d) allow a notice or application to be in a different form, or presented orally.

[Note. The time limit for serving an appeal notice—

(a) under section 18 of the Criminal Appeal Act 1968[^f00513]on an appeal against conviction or sentence, and

(b) under section 18A of that Act[^f00514]on an appeal against a finding of contempt of court

Application for extension of time

65.4

A person who wants an extension of time within which to serve a notice or make an application must—

(a) apply for that extension of time when serving that notice or making that application; and

(b) give the reasons for the application for an extension of time.

Renewing an application refused by a judge or the Registrar

65.5

(1) This rule applies where a party with the right to do so wants to renew—

(a) to a judge of the Court of Appeal an application refused by the Registrar; or

(b) to the Court of Appeal an application refused by a judge of that court.

(2) That party must—

(a) renew the application in the form set out in the Practice Direction, signed by or on behalf of the applicant;

(b) serve the renewed application on the Registrar not more than 14 days after—

(i) the refusal of the application that the applicant wants to renew; or

(ii) the Registrar serves that refusal on the applicant, if the applicant was not present in person or by live link when the original application was refused.

[Note. The time limit of 14 days under this rule is reduced to 5 days where Parts 66, 67 or 69 apply: see rules 66.7, 67.10 and 69.7.

Hearings

65.6

(1) The general rule is that the Court of Appeal must hear in public—

(a) an application, including an application for permission to appeal; and

(b) an appeal or reference,

but it may order any hearing to be in private.

(2) Where a hearing is about a public interest ruling, that hearing must be in private unless the court otherwise directs.

(3) Where the appellant wants to appeal against an order restricting public access to a trial, the court—

(a) may decide without a hearing—

(i) an application, including an application for permission to appeal, and

(ii) an appeal; but

(b) must announce its decision on such an appeal at a hearing in public.

(4) Where the appellant wants to appeal or to refer a case to the Supreme Court, the court—

(a) may decide without a hearing an application—

(i) for permission to appeal or to refer a sentencing case, or

(ii) to refer a point of law; but

(b) must announce its decision on such an application at a hearing in public.

(5) A judge of the Court of Appeal and the Registrar may exercise any of their powers—

(a) at a hearing in public or in private; or

(b) without a hearing.

[Note. For the procedure on an appeal against an order restricting public access to a trial, see Part 69.]

Notice of hearings and decisions

65.7

(1) The Registrar must give as much notice as reasonably practicable of every hearing to—

(a) the parties;

(b) any party’s custodian;

(d) the Crown Court officer, where Parts 66, 67 or 69 apply.

(2) The Registrar must serve every decision on—

(a) the parties;

(b) any other person whom the court requires to be served; and

(c) the Crown Court officer and any party’s custodian, where the decision determines an appeal or application for permission to appeal.

(3) But where a hearing or decision is about a public interest ruling, the Registrar must not—

(a) give notice of that hearing to; or

(b) serve that decision on,

anyone other than the prosecutor who applied for that ruling, unless the court otherwise directs.

Duty of Crown Court officer

65.8

(1) The Crown Court officer must provide the Registrar with any document, object or information for which the Registrar asks within such period as the Registrar may require.

(2) Unless the Crown Court otherwise directs, where someone may appeal to the Court of Appeal the Crown Court officer must—

(a) arrange for the recording of the proceedings in the Crown Court;

(b) arrange for the transcription of such a recording if—

(i) the Registrar wants such a transcript, or

(ii) anyone else wants such a transcript (but that is subject to the restrictions in rule 65.9(2)); and

(c) arrange for any document or object exhibited in the proceedings in the Crown Court to be kept there, or kept by some other appropriate person, until 6 weeks after the conclusion of those proceedings.

(3) Where Part 66 applies (appeal to the Court of Appeal against ruling at preparatory hearing), the Crown Court officer must as soon as practicable serve on the appellant a transcript or note of—

(a) each order or ruling against which the appellant wants to appeal; and

(b) the decision by the Crown Court judge on any application for permission to appeal.

(4) Where Part 67 applies (appeal to the Court of Appeal against ruling adverse to prosecution), the Crown Court officer must as soon as practicable serve on the appellant a transcript or note of—

(a) each ruling against which the appellant wants to appeal;

(b) the decision by the Crown Court judge on any application for permission to appeal; and

(5) Where Part 68 applies (appeal to the Court of Appeal about conviction or sentence), the Crown Court officer must as soon as practicable serve on the Registrar—

(a) the appeal notice and any accompanying application that the appellant serves on the Crown Court officer;

(b) any Crown Court judge’s certificate that the case is fit for appeal;

(d) such of the Crown Court case papers as the Registrar requires; and

(e) such transcript of the Crown Court proceedings as the Registrar requires.

(6) Where Part 69 applies (appeal to the Court of Appeal regarding reporting or public access) and an order is made restricting public access to a trial, the Crown Court officer must—

(a) immediately notify the Registrar of that order, if the appellant has given advance notice of intention to appeal; and

(b) as soon as practicable provide the applicant for that order with a transcript or note of the application.

[Note. See also rules 65.9 (duty of person transcribing record of proceedings in the Crown Court) and 65.10 (duty of person keeping exhibit).]

Duty of person transcribing proceedings in the Crown Court

65.9

(1) A person who transcribes a recording of proceedings in the Crown Court under arrangements made by the Crown Court officer must provide the Registrar with any transcript for which the Registrar asks within such period as the Registrar may require.

(2) Unless the Crown Court otherwise directs, such a person—

(a) must not provide anyone else with a transcript of a public interest ruling or of an application for such a ruling;

(b) subject to that, must provide anyone else with any transcript for which that person asks—

(i) in accordance with the transcription arrangements made by the Crown Court officer, and

(ii) on payment by that person of any charge fixed by the Treasury.

[Note. Section 32 of the Criminal Appeal Act 1968 deals with the recording of proceedings in the Crown Court, the transcription of such a recording and the charge for providing such a transcript. See also rule 65.8(2) (duty of Crown Court officer).]

Duty of person keeping exhibit

65.10

A person who under arrangements made by the Crown Court officer keeps a document or object exhibited in the proceedings in the Crown Court must—

(a) keep that exhibit until—

(i) 6 weeks after the conclusion of the Crown Court proceedings, or

(ii) the conclusion of any appeal proceedings that begin within that 6 weeks,

unless the court, the Registrar or the Crown Court otherwise directs; and

(b) provide the Registrar with any such document or object for which the Registrar asks within such period as the Registrar may require.

[Note. See also rule 65.8(2) (duty of Crown Court officer).]

Registrar’s duty to provide copy documents for appeal or reference

65.11

Unless the court otherwise directs, for the purposes of an appeal or reference—

(a) the Registrar must—

(i) provide a party with a copy of any document or transcript held by the Registrar for such purposes, or

(ii) allow a party to inspect such a document or transcript,

on payment by that party of any charge fixed by the Treasury; but

(b) the Registrar must not provide a copy or allow the inspection of—

(i) a document provided only for the court and the Registrar, or

(ii) a transcript of a public interest ruling or of an application for such a ruling.

[Note. Section 21 of the Criminal Appeal Act 1968 requires the Registrar to collect, prepare and provide documents needed by the court.]

Declaration of incompatibility with a Convention right

65.12

(1) This rule applies where a party—

(a) wants the court to make a declaration of incompatibility with a Convention right under section 4 of the Human Rights Act 1998[^f00519]; or

(b) raises an issue that the Registrar thinks may lead the court to make such a declaration.

(2) The Registrar must serve notice on—

(a) the relevant person named in the list published under section 17(1) of the Crown Proceedings Act 1947[^f00520]; or

(b) the Treasury Solicitor, if it is not clear who is the relevant person.

(3) That notice must include or attach details of—

(a) the legislation affected and the Convention right concerned;

(b) the parties to the appeal; and

(4) A person who has a right under the 1998 Act to become a party to the appeal must—

(a) serve notice on—

(i) the Registrar, and

(ii) the other parties,

if that person wants to exercise that right; and

(b) in that notice—

(i) indicate the conclusion that that person invites the court to reach on the question of incompatibility, and

(ii) identify each ground for that invitation, concisely outlining the arguments in support.

(5) The court must not make a declaration of incompatibility—

(a) less than 21 days after the Registrar serves notice under paragraph (2); and

(b) without giving any person who serves a notice under paragraph (4) an opportunity to make representations at a hearing.

Abandoning an appeal

65.13

(1) This rule applies where an appellant wants to—

(a) abandon—

(i) an application to the court for permission to appeal, or

(ii) an appeal; or

(b) reinstate such an application or appeal after abandoning it.

(2) The appellant—

(a) may abandon such an application or appeal without the court’s permission by serving a notice of abandonment on—

(i) the Registrar, and

(ii) any respondent

before any hearing of the application or appeal; but

(b) at any such hearing, may only abandon that application or appeal with the court’s permission.

(3) A notice of abandonment must be in the form set out in the Practice Direction, signed by or on behalf of the appellant.

(4) On receiving a notice of abandonment the Registrar must—

(a) date it;

(b) serve a dated copy on—

(i) the appellant,

(ii) the appellant’s custodian, if any,

(iii) the Crown Court officer, and

(iv) any other person on whom the appellant or the Registrar served the appeal notice; and

(5) An appellant who wants to reinstate an application or appeal after abandoning it must—

(a) apply in writing, with reasons; and

(b) serve the application on the Registrar.

[Note. The Court of Appeal has power only in exceptional circumstances to allow an appellant to reinstate an application or appeal that has been abandoned.]

Abandoning a ground of appeal or opposition

65.14

(1) This rule applies where a party wants to abandon—

(a) a ground of appeal identified in an appeal notice; or

(b) a ground of opposition identified in a respondent’s notice.

(2) Such a party must give written notice to—

(a) the Registrar; and

(b) every other party,

before any hearing at which that ground will be considered by the court.

PART 66 — APPEAL TO THE COURT OF APPEAL AGAINST RULING AT PREPARATORY HEARING

Contents of this Part

When this Part applies	rule 66.1
Service of appeal notice	rule 66.2
Form of appeal notice	rule 66.3
Crown Court judge’s permission to appeal	rule 66.4
Respondent’s notice	rule 66.5
Powers of Court of Appeal judge	rule 66.6
Renewing applications	rule 66.7
Right to attend hearing	rule 66.8

When this Part applies

66.1

(1) This Part applies where a party wants to appeal under—

(a) section 9(11) of the Criminal Justice Act 1987[^f00521] or section 35(1) of the Criminal Procedure and Investigations Act 1996[^f00522]; or

(b) section 47(1) of the Criminal Justice Act 2003[^f00523].

(2) A reference to an ‘appellant’ in this Part is a reference to such a party.

[Note. Under section 9(11) of the Criminal Justice Act 1987 (which applies to serious or complex fraud cases) and under section 35(1) of the Criminal Procedure and Investigations Act 1996 (which applies to other complex, serious or long cases) a party may appeal to the Court of Appeal against an order made at a preparatory hearing in the Crown Court.

Service of appeal notice

66.2

(1) An appellant must serve an appeal notice on—

(a) the Crown Court officer;

(b) the Registrar; and

(2) The appellant must serve the appeal notice not more than 5 business days after—

(a) the order or ruling against which the appellant wants to appeal; or

(b) the Crown Court judge gives or refuses permission to appeal.

Form of appeal notice

66.3

(1) An appeal notice must be in the form set out in the Practice Direction.

(2) The appeal notice must—

(a) specify each order or ruling against which the appellant wants to appeal;

(b) identify each ground of appeal on which the appellant relies, numbering them consecutively (if there is more than one) and concisely outlining each argument in support;

(d) identify any relevant authorities;

(e) include or attach any application for the following, with reasons—

(i) permission to appeal, if the appellant needs the court’s permission,

(ii) an extension of time within which to serve the appeal notice,

(iii) a direction to attend in person a hearing that the appellant could attend by live link, if the appellant is in custody;

(f) include a list of those on whom the appellant has served the appeal notice; and

(g) attach—

(i) a transcript or note of each order or ruling against which the appellant wants to appeal,

(ii) all relevant skeleton arguments considered by the Crown Court judge,

(iii) any written application for permission to appeal that the appellant made to the Crown Court judge,

(iv) a transcript or note of the decision by the Crown Court judge on any application for permission to appeal, and

(v) any other document or thing that the appellant thinks the court will need to decide the appeal.

[Note. An appellant needs the court’s permission to appeal in every case to which this Part applies unless the Crown Court judge gives permission.]

Crown Court judge’s permission to appeal

66.4

(1) An appellant who wants the Crown Court judge to give permission to appeal must—

(a) apply orally, with reasons, immediately after the order or ruling against which the appellant wants to appeal; or

(b) apply in writing and serve the application on—

(i) the Crown Court officer, and

(ii) every party directly affected by the order or ruling

not more than 2 business days after that order or ruling.

(2) A written application must include the same information (with the necessary adaptations) as an appeal notice.

[Note. For the Crown Court judge’s power to give permission to appeal, see section 9(11) of the Criminal Justice Act 1987, section 35(1) of the Criminal Procedure and Investigations Act 1996 and section 47(2) of the Criminal Justice Act 2003.]

Respondent’s notice

66.5

(1) A party on whom an appellant serves an appeal notice may serve a respondent’s notice, and must do so if—

(a) that party wants to make representations to the court; or

(b) the court so directs.

(2) Such a party must serve the respondent’s notice on—

(a) the appellant;

(b) the Crown Court officer;

(d) any other party on whom the appellant served the appeal notice.

(3) Such a party must serve the respondent’s notice not more than 5 business days after—

(a) the appellant serves the appeal notice; or

(b) a direction to do so.

(4) The respondent’s notice must be in the form set out in the Practice Direction.

(5) The respondent’s notice must—

(a) give the date on which the respondent was served with the appeal notice;

(b) identify each ground of opposition on which the respondent relies, numbering them consecutively (if there is more than one), concisely outlining each argument in support and identifying the ground of appeal to which each relates;

(d) identify any relevant authorities;

(e) include or attach any application for the following, with reasons—

(i) an extension of time within which to serve the respondent’s notice,

(ii) a direction to attend in person any hearing that the respondent could attend by live link, if the respondent is in custody;

(f) identify any other document or thing that the respondent thinks the court will need to decide the appeal.

Powers of Court of Appeal judge

66.6

A judge of the Court of Appeal may give permission to appeal as well as exercising the powers given by other legislation (including these Rules).

[Note. See section 31 of the Criminal Appeal Act 1968[^f00524]and section 49 of the Criminal Justice Act 2003[^f00525].]

Renewing applications

66.7

Rule 65.5 (renewing an application refused by a judge or the Registrar) applies with a time limit of 5 business days.

Right to attend hearing

66.8

(1) A party who is in custody has a right to attend a hearing in public.

(2) The court or the Registrar may direct that such a party is to attend a hearing by live link.

[Note. See rule 65.6 (hearings).]

PART 67 — APPEAL TO THE COURT OF APPEAL AGAINST RULING ADVERSE TO PROSECUTION

Contents of this Part

When this Part applies	rule 67.1
Decision to appeal	rule 67.2
Service of appeal notice	rule 67.3
Form of appeal notice	rule 67.4
Crown Court judge’s permission to appeal	rule 67.5
Expediting an appeal	rule 67.6
Respondent’s notice	rule 67.7
Public interest ruling	rule 67.8
Powers of Court of Appeal judge	rule 67.9
Renewing applications	rule 67.10
Right to attend hearing	rule 67.11

When this Part applies

67.1

(1) This Part applies where a prosecutor wants to appeal under section 58(2) of the Criminal Justice Act 2003[^f00526].

(2) A reference to an ‘appellant’ in this Part is a reference to such a prosecutor.

[Note. Under section 58(2) of the Criminal Justice Act 2003 a prosecutor may appeal to the Court of Appeal against a ruling in the Crown Court. See also sections 57 and 59 to 61 of the 2003 Act.

Decision to appeal

67.2

(1) An appellant must tell the Crown Court judge of any decision to appeal—

(a) immediately after the ruling against which the appellant wants to appeal; or

(b) on the expiry of the time to decide whether to appeal allowed under paragraph (2).

(2) If an appellant wants time to decide whether to appeal—

(a) the appellant must ask the Crown Court judge immediately after the ruling; and

(b) the general rule is that the judge must not require the appellant to decide there and then but instead must allow until the next business day.

[Note. If the ruling against which the appellant wants to appeal is a ruling that there is no case to answer, the appellant may appeal against earlier rulings as well: see section 58(7) of the Criminal Justice Act 2003.

Service of appeal notice

67.3

(1) An appellant must serve an appeal notice on—

(a) the Crown Court officer;

(b) the Registrar; and

(2) The appellant must serve the appeal notice not later than—

(a) the next business day after telling the Crown Court judge of the decision to appeal, if the judge expedites the appeal; or

(b) 5 business days after telling the Crown Court judge of that decision, if the judge does not expedite the appeal.

[Note. If the ruling against which the appellant wants to appeal is a public interest ruling, see rule 67.8.]

Form of appeal notice

67.4

(1) An appeal notice must be in the form set out in the Practice Direction.

(2) The appeal notice must—

(a) specify each ruling against which the appellant wants to appeal;

(b) identify each ground of appeal on which the appellant relies, numbering them consecutively (if there is more than one) and concisely outlining each argument in support;

(d) identify any relevant authorities;

(e) include or attach any application for the following, with reasons—

(i) permission to appeal, if the appellant needs the court’s permission,

(ii) an extension of time within which to serve the appeal notice,

(iii) expedition of the appeal, or revocation of a direction expediting the appeal;

(f) include a list of those on whom the appellant has served the appeal notice;

(g) attach—

(i) a transcript or note of each ruling against which the appellant wants to appeal,

(ii) all relevant skeleton arguments considered by the Crown Court judge,

(iii) any written application for permission to appeal that the appellant made to the Crown Court judge,

(iv) a transcript or note of the decision by the Crown Court judge on any application for permission to appeal,

(v) a transcript or note of the decision by the Crown Court judge on any request to expedite the appeal, and

(vi) any other document or thing that the appellant thinks the court will need to decide the appeal; and

(h) attach a form of respondent’s notice for any defendant served with the appeal notice to complete if that defendant wants to do so.

[Note. An appellant needs the court’s permission to appeal unless the Crown Court judge gives permission: see section 57(4) of the Criminal Justice Act 2003. For ‘respondent’s notice’ see rule 67.7.]

Crown Court judge’s permission to appeal

67.5

(1) An appellant who wants the Crown Court judge to give permission to appeal must—

(a) apply orally, with reasons, immediately after the ruling against which the appellant wants to appeal; or

(b) apply in writing and serve the application on—

(i) the Crown Court officer, and

(ii) every defendant directly affected by the ruling

on the expiry of the time allowed under rule 67.2 to decide whether to appeal.

(2) A written application must include the same information (with the necessary adaptations) as an appeal notice.

(3) The Crown Court judge must allow every defendant directly affected by the ruling an opportunity to make representations.

(4) The general rule is that the Crown Court judge must decide whether or not to give permission to appeal on the day that the application for permission is made.

[Note. For the Crown Court judge’s power to give permission to appeal, see section 57(4) of the Criminal Justice Act 2003.

Expediting an appeal

67.6

(1) An appellant who wants the Crown Court judge to expedite an appeal must ask, giving reasons, on telling the judge of the decision to appeal.

(2) The Crown Court judge must allow every defendant directly affected by the ruling an opportunity to make representations.

(3) The Crown Court judge may revoke a direction expediting the appeal unless the appellant has served the appeal notice.

[Note. For the Crown Court judge’s power to expedite the appeal, see section 59 of the Criminal Justice Act 2003.

Respondent’s notice

67.7

(1) A defendant on whom an appellant serves an appeal notice may serve a respondent’s notice, and must do so if—

(a) the defendant wants to make representations to the court; or

(b) the court so directs.

(2) Such a defendant must serve the respondent’s notice on—

(a) the appellant;

(b) the Crown Court officer;

(d) any other defendant on whom the appellant served the appeal notice.

(3) Such a defendant must serve the respondent’s notice—

(a) not later than the next business day after—

(i) the appellant serves the appeal notice, or

(ii) a direction to do so

if the Crown Court judge expedites the appeal; or

(b) not more than 5 business days after—

(i) the appellant serves the appeal notice, or

(ii) a direction to do so

if the Crown Court judge does not expedite the appeal.

(4) The respondent’s notice must be in the form set out in the Practice Direction.

(5) The respondent’s notice must—

(a) give the date on which the respondent was served with the appeal notice;

(b) identify each ground of opposition on which the respondent relies, numbering them consecutively (if there is more than one), concisely outlining each argument in support and identifying the ground of appeal to which each relates;

(d) identify any relevant authorities;

(e) include or attach any application for the following, with reasons—

(i) an extension of time within which to serve the respondent’s notice,

(ii) a direction to attend in person any hearing that the respondent could attend by live link, if the respondent is in custody;

(f) identify any other document or thing that the respondent thinks the court will need to decide the appeal.

Public interest ruling

67.8

(1) This rule applies where the appellant wants to appeal against a public interest ruling.

(2) The appellant must not serve on any defendant directly affected by the ruling—

(a) any written application to the Crown Court judge for permission to appeal; or

(b) an appeal notice,

if the appellant thinks that to do so in effect would reveal something that the appellant thinks ought not be disclosed.

(3) The appellant must not include in an appeal notice—

(a) the material that was the subject of the ruling; or

(b) any indication of what sort of material it is,

if the appellant thinks that to do so in effect would reveal something that the appellant thinks ought not be disclosed.

(4) The appellant must serve on the Registrar with the appeal notice an annex—

(a) marked to show that its contents are only for the court and the Registrar;

(b) containing whatever the appellant has omitted from the appeal notice, with reasons; and

(5) Rules 67.5(3) and 67.6(2) do not apply.

[Note. Rules 67.5(3) and 67.6(2) require the Crown Court judge to allow a defendant to make representations about (i) giving permission to appeal and (ii) expediting an appeal.]

Powers of Court of Appeal judge

67.9

A judge of the Court of Appeal may—

(a) give permission to appeal;

(b) revoke a Crown Court judge’s direction expediting an appeal; and

(c) where an appellant abandons an appeal, order a defendant’s acquittal, his release from custody and the payment of his costs,

as well as exercising the powers given by other legislation (including these Rules).

[Note. See section 73 of the Criminal Justice Act 2003.]

Renewing applications

67.10

Rule 65.5 (renewing an application refused by a judge or the Registrar) applies with a time limit of 5 business days.

Right to attend hearing

67.11

(1) A respondent who is in custody has a right to attend a hearing in public.

(2) The court or the Registrar may direct that such a respondent is to attend a hearing by live link.

[Note. See rule 65.6 (hearings).]

PART 68 — APPEAL TO THE COURT OF APPEAL ABOUT CONVICTION OR SENTENCE

Contents of this Part

When this Part applies	rule 68.1
Service of appeal notice	rule 68.2
Form of appeal notice	rule 68.3
Crown Court judge’s certificate that case is fit for appeal	rule 68.4
Reference by Criminal Cases Review Commission	rule 68.5
Respondent’s notice	rule 68.6
Adaptation of rules about introducing evidence	rule 68.7
Application for bail pending appeal or retrial	rule 68.8
Conditions of bail pending appeal or retrial	rule 68.9
Forfeiture of a recognizance given as a condition of bail	rule 68.10
Right to attend hearing	rule 68.11
Power to vary determination of appeal against sentence	rule 68.12
Directions about re-admission to hospital on dismissal of appeal	rule 68.13
Renewal or setting aside of order for retrial	rule 68.14

When this Part applies

68.1

(1) This Part applies where—

(a) a defendant wants to appeal under—

(i) Part 1 of the Criminal Appeal Act 1968[^f00527], or

(ii) paragraph 14 of Schedule 22 to the Criminal Justice Act 2003[^f00528],

(iii) section 42 of the Counter Terrorism Act 2008[^f00529];

(b) the Criminal Cases Review Commission refers a case to the Court of Appeal under section 9 of the Criminal Appeal Act 1995[^f00530];

(c) a prosecutor wants to appeal to the Court of Appeal under section 14A(5A) of the Football Spectators Act 1989[^f00531];

(d) a party wants to appeal under section 74(8) of the Serious Organised Crime and Police Act 2005[^f00532];

(e) a person found in contempt of court wants to appeal under section 13 of the Administration of Justice Act 1960[^f00533] and section 18A of the Criminal Appeal Act 1968[^f00534]; or

(f) a person wants to appeal to the Court of Appeal under—

(i) section 24 of the Serious Crime Act 2007[^f00535], or

(ii) regulation 3C or 3H of The Costs in Criminal Cases (General) Regulations 1986[^f00536].

(2) A reference to an ‘appellant’ in this Part is a reference to such a party or person.

[Note. Under Part 1 (sections 1 to 32) of the Criminal Appeal Act 1968, a defendant may appeal against—

(a) a conviction (section 1 of the 1968 Act[^f00537]);

(b) a sentence (sections 9 and 10 of the 1968 Act[^f00538]);

(d) a finding of disability (section 15 of the 1968 Act[^f00539]);

(e) a hospital order, interim hospital order or supervision order under section 5 or 5A of the Criminal Procedure (Insanity) Act 1964[^f00540](section 16A of the 1968 Act[^f00541]).

Service of appeal notice

68.2

(1) The general rule is that an appellant must serve an appeal notice—

(a) on the Crown Court officer at the Crown Court centre where there occurred—

(i) the conviction, verdict, or finding,

(ii) the sentence, or

(iii) the order, or the failure to make an order

about which the appellant wants to appeal; and

(b) not more than—

(i) 28 days after that occurred, or

(ii) 21 days after the order, in a case in which the appellant appeals against a wasted or third party costs order.

(2) But an appellant must serve an appeal notice—

(a) on the Registrar instead where—

(i) the appeal is against a minimum term review decision under paragraph 14 of Schedule 22 to the Criminal Justice Act 2003, or

(ii) the Criminal Cases Review Commission refers the case to the court; and

(b) not more than—

(i) 28 days after such a decision, or after the Registrar serves notice that the Commission has referred a sentence, or

(ii) 56 days after the Registrar serves notice that the Commission has referred a conviction.

[Note. The time limit for serving an appeal notice (a) on an appeal under Part 1 of the Criminal Appeal Act 1968 and (b) on an appeal against a finding of contempt of court is prescribed by sections 18 and 18A of the Criminal Appeal Act 1968. It may be extended, but not shortened.

Form of appeal notice

68.3

(1) An appeal notice must be in the form set out in the Practice Direction.

(2) The appeal notice must—

(a) specify—

(i) the conviction, verdict, or finding,

(ii) the sentence, or

(iii) the order, or the failure to make an order

about which the appellant wants to appeal;

(b) identify each ground of appeal on which the appellant relies, numbering them consecutively (if there is more than one) and concisely outlining each argument in support;

(c) identify the transcript that the appellant thinks the court will need, if the appellant wants to appeal against a conviction;

(d) identify the relevant sentencing powers of the Crown Court, if sentence is in issue;

(e) where the Criminal Cases Review Commission refers a case to the court, explain how each ground of appeal relates (if it does) to the reasons for the reference;

(f) summarise the relevant facts;

(g) identify any relevant authorities;

(h) include or attach any application for the following, with reasons—

(i) permission to appeal, if the appellant needs the court’s permission,

(ii) an extension of time within which to serve the appeal notice,

(iii) bail pending appeal,

(iv) a direction to attend in person a hearing that the appellant could attend by live link, if the appellant is in custody,

(v) the introduction of evidence, including hearsay evidence and evidence of bad character,

(vi) an order requiring a witness to attend court,

(vii) a direction for special measures for a witness,

(viii) a direction for special measures for the giving of evidence by the appellant;

(i) identify any other document or thing that the appellant thinks the court will need to decide the appeal.

[Note. In some legislation, including the Criminal Appeal Act 1968, permission to appeal is described as ‘leave to appeal’.

Crown Court judge’s certificate that case is fit for appeal

68.4

(1) An appellant who wants the Crown Court judge to certify that a case is fit for appeal must—

(a) apply orally, with reasons, immediately after there occurs—

(i) the conviction, verdict, or finding,

(ii) the sentence, or

(iii) the order, or the failure to make an order

about which the appellant wants to appeal; or

(b) apply in writing and serve the application on the Crown Court officer not more than 14 days after that occurred.

(2) A written application must include the same information (with the necessary adaptations) as an appeal notice.

[Note. The Crown Court judge may certify that a case is fit for appeal under sections 1(2)(b), 11(1A), 12(b), 15(2)(b) or 16A(2)(b) of the Criminal Appeal Act 1968, under section 81(1B) of the Senior Courts Act 1981, under section 14A(5B) of the Football Spectators Act 1989 or under section 24(4) of the Serious Crime Act 2007.

Reference by Criminal Cases Review Commission

68.5

(1) The Registrar must serve on the appellant a reference by the Criminal Cases Review Commission.

(2) The court must treat that reference as the appeal notice if the appellant does not serve such a notice under rule 68.2.

Respondent’s notice

68.6

(1) The Registrar—

(a) may serve an appeal notice on any party directly affected by the appeal; and

(b) must do so if the Criminal Cases Review Commission refers a conviction, verdict, finding or sentence to the court.

(2) Such a party may serve a respondent’s notice, and must do so if—

(a) that party wants to make representations to the court; or

(b) the court or the Registrar so directs.

(3) Such a party must serve the respondent’s notice on—

(a) the appellant;

(b) the Registrar; and

(4) Such a party must serve the respondent’s notice not more than 14 days after the Registrar serves—

(a) the appeal notice; or

(b) a direction to do so.

(5) The respondent’s notice must be in the form set out in the Practice Direction.

(6) The respondent’s notice must—

(a) give the date on which the respondent was served with the appeal notice;

(b) identify each ground of opposition on which the respondent relies, numbering them consecutively (if there is more than one), concisely outlining each argument in support and identifying the ground of appeal to which each relates;

(d) summarise any relevant facts not already summarised in the appeal notice;

(e) identify any relevant authorities;

(f) include or attach any application for the following, with reasons—

(i) an extension of time within which to serve the respondent’s notice,

(ii) bail pending appeal,

(iii) a direction to attend in person a hearing that the respondent could attend by live link, if the respondent is in custody,

(iv) the introduction of evidence, including hearsay evidence and evidence of bad character,

(v) an order requiring a witness to attend court,

(vi) a direction for special measures for a witness; and

(g) identify any other document or thing that the respondent thinks the court will need to decide the appeal.

[Note. Part II of the Practice Direction sets out the circumstances in which the Registrar usually will serve a defendant’s appeal notice on the prosecutor.]

Adaptation of rules about introducing evidence

68.7

(1) The following Parts apply with such adaptations as the court or the Registrar may direct—

(a) Part 29 (special measures directions);

(b) Part 30 (use of live television link other than for vulnerable witnesses);

(d) Part 35 (evidence of bad character); and

(e) Part 36 (evidence of a complainant’s previous sexual behaviour).

(2) But the general rule is that—

(a) a respondent who opposes an appellant’s application to which one of those Parts applies must do so in the respondent’s notice, with reasons;

(b) an appellant who opposes a respondent’s application to which one of those Parts applies must serve notice, with reasons, on—

(i) the Registrar, and

(ii) the respondent

not more than 14 days after service of the respondent’s notice; and

[Note. An application to introduce evidence or for directions about evidence must be included in, or attached to, an appeal notice or a respondent’s notice: see rule 68.3 and 68.6(6).

Application for bail pending appeal or retrial

68.8

(1) This rule applies where a party wants to make an application to the court about bail pending appeal or retrial.

(2) That party must serve an application in the form set out in the Practice Direction on—

(a) the Registrar, unless the application is with the appeal notice; and

(b) the other party.

(3) The court must not decide such an application without giving the other party an opportunity to make representations, including representations about any condition or surety proposed by the applicant.

[Note. See section 19 of the Criminal Appeal Act 1968[^f00551]and section 3(8) of the Bail Act 1976[^f00552]. An application about bail or about the conditions of bail may be made either by an appellant or respondent.

Conditions of bail pending appeal or retrial

68.9

(1) This rule applies where the court grants a party bail pending appeal or retrial subject to any condition that must be met before that party is released.

(2) The court may direct how such a condition must be met.

(3) The Registrar must serve a certificate in the form set out in the Practice Direction recording any such condition and direction on—

(a) that party;

(b) that party’s custodian; and

(4) A person directly affected by any such direction need not comply with it until the Registrar serves that person with that certificate.

(5) Unless the court otherwise directs, if any such condition or direction requires someone to enter into a recognizance it must be—

(a) in the form set out in the Practice Direction and signed before—

(i) the Registrar,

(ii) the custodian, or

(iii) someone acting with the authority of the Registrar or custodian;

(b) copied immediately to the person who enters into it; and

(6) Unless the court otherwise directs, if any such condition or direction requires someone to make a payment, surrender a document or take some other step—

(a) that payment, document or step must be made, surrendered or taken to or before—

(i) the Registrar,

(ii) the custodian, or

(iii) someone acting with the authority of the Registrar or custodian;

(b) the Registrar or the custodian, as appropriate, must serve immediately on the other a statement that the payment, document or step has been made, surrendered or taken, as appropriate.

(7) The custodian must release the appellant where it appears that any condition ordered by the court has been met.

(8) For the purposes of section 5 of the Bail Act 1976[^f00554] (record of decision about bail), the Registrar must keep a copy of—

(a) any certificate served under paragraph (3);

(b) a notice of hearing given under rule 65.7(1); and

(9) Where the court grants bail pending retrial the Registrar must serve on the Crown Court officer copies of the documents kept under paragraph (8).

Forfeiture of a recognizance given as a condition of bail

68.10

(1) This rule applies where—

(a) the court grants a party bail pending appeal or retrial; and

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