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The Criminal Procedure Rules 2015

Type Statutory-Instrument

Publication 2015-07-03

Last updated 2020-10-05

State In force

Department King's Printer of Acts of Parliament

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(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

33.49

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 45.11, the date of the assessing authority’s decision; or

Application of costs rules

33.50

Rules 33.47, 33.48 and 33.49 do not apply to the assessment of costs in proceedings to the extent that section 11 of the Access to Justice Act 1999⁷⁰⁶ applies and provisions made under that Act make different provision.

RESTRAINT PROCEEDINGS

Application for restraint order or ancillary order

33.51

(1) This rule applies where the prosecutor, or an accredited financial investigator, makes an application under section 42 of the Proceeds of Crime Act 2002⁷⁰⁷ for—

(a) a restraint order, under section 41(1) of the 2002 Act; or

(b) an ancillary order, under section 41(7) of that Act, for the purpose of ensuring that a restraint order is effective.

(2) The application may be made without notice if the application is urgent or if there are reasonable grounds for believing that giving notice would cause the dissipation of realisable property which is the subject of the application.

(3) An application for a restraint order must be in writing and supported by a witness statement which must—

(a) give the grounds for the application;

(b) to the best of the witness’ ability, give full details of the realisable property in respect of which the applicant is seeking the order and specify the person holding that realisable property;

(4) An application for an ancillary order must be in writing and supported by a witness statement which must—

(a) give the grounds for, and full details of, the application;

(b) include, if appropriate—

(i) any request for an order for disclosure of documents to which rule 33.40 applies (Disclosure and inspection of documents),

(ii) the identity of any person whom the applicant wants the court to examine about the extent or whereabouts of realisable property,

(iii) a list of the main questions that the applicant wants to ask any such person, and

(iv) a list of any documents to which the applicant wants to refer such a person; and

(5) An application for a restraint order and an application for an ancillary order may (but need not) be made at the same time and contained in the same documents.

(6) An application by an accredited financial investigator must include a statement that, under section 68 of the 2002 Act⁷⁰⁸, the applicant has authority to apply.

Restraint and ancillary orders

33.52

(1) The Crown Court may make a restraint order subject to exceptions, including, but not limited to, exceptions for reasonable living expenses and reasonable legal expenses, and for the purpose of enabling any person to carry on any trade, business or occupation.

(2) But the Crown Court must not make an exception for legal expenses where this is prohibited by section 41(4) of the Proceeds of Crime Act 2002.

(3) An exception to a restraint order may be made subject to conditions.

(4) The Crown Court must not require the applicant for a restraint order to give any undertaking relating to damages sustained as a result of the restraint order by a person who is prohibited from dealing with realisable property by the restraint order.

(5) The Crown Court may require the applicant for a restraint order to give an undertaking to pay the reasonable expenses of any person, other than a person who is prohibited from dealing with realisable property by the restraint order, which are incurred in complying with the restraint order.

(6) An order must include a statement that disobedience of the order, either by a person to whom the order is addressed, or by another person, may be contempt of court and the order must include details of the possible consequences of being held in contempt of court.

(7) Unless the Crown Court otherwise directs, an order made without notice has effect until the court makes an order varying or discharging it.

(8) The applicant for an order must—

(a) serve copies of the order and of the witness statement made in support of the application on the defendant and any person who is prohibited by the order from dealing with realisable property; and

(b) notify any person whom the applicant knows to be affected by the order of its terms.

Application for discharge or variation of restraint or ancillary order by a person affected by the order

33.53

(1) This rule applies where a person affected by a restraint order makes an application to the Crown Court under section 42(3) of the Proceeds of Crime Act 2002 to discharge or vary the restraint order or any ancillary order made under section 41(7) of the Act.

(2) The application must be in writing and may be supported by a witness statement.

(3) The application and any witness statement must be lodged with the Crown Court.

(4) The application and any witness statement must be served on the person who applied for the restraint order and any person who is prohibited from dealing with realisable property by the restraint order (if he is not the person making the application) at least 2 days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

Application for variation of restraint or ancillary order by the person who applied for the order

33.54

(1) This rule applies where the applicant for a restraint order makes an application under section 42(3) of the Proceeds of Crime Act 2002 to the Crown Court to vary the restraint order or any ancillary order made under section 41(7) of the 2002 Act (including where the court has already made a restraint order and the applicant is seeking to vary the order in order to restrain further realisable property).

(2) The application may be made without notice if the application is urgent or if there are reasonable grounds for believing that giving notice would cause the dissipation of realisable property which is the subject of the application.

(3) The application must be in writing and must be supported by a witness statement which must—

(a) give the grounds for the application;

(b) where the application is for the inclusion of further realisable property in a restraint order give full details, to the best of the witness’s ability, of the realisable property in respect of which the applicant is seeking the order and specify the person holding that realisable property;

(i) any request for an order for disclosure of documents to which rule 33.40 applies (Disclosure and inspection of documents),

(ii) the identity of any person whom the applicant wants the court to examine about the extent or whereabouts of realisable property,

(iii) a list of the main questions that the applicant wants to ask any such person, and

(iv) a list of any documents to which the applicant wants to refer such a person; and

(d) include the proposed terms of the variation.

(4) An application by an accredited financial investigator must include a statement that, under section 68 of the 2002 Act, the applicant has authority to apply.

(5) The application and witness statement must be lodged with the Crown Court.

(6) Except where, under paragraph (2), notice of the application is not required to be served, the application and witness statement must be served on any person who is prohibited from dealing with realisable property by the restraint order at least 2 days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

(7) If the court makes an order for the variation of a restraint or ancillary order, the applicant must serve copies of the order and of the witness statement made in support of the application on—

(a) the defendant;

(b) any person who is prohibited from dealing with realisable property by the restraint order (whether before or after the variation); and

Application for discharge of restraint or ancillary order by the person who applied for the order

33.55

(1) This rule applies where the applicant for a restraint order makes an application under section 42(3) of the Proceeds of Crime Act 2002 to discharge the order or any ancillary order made under section 41(7) of the 2002 Act.

(2) The application may be made without notice.

(3) The application must be in writing and must state the grounds for the application.

(4) If the court makes an order for the discharge of a restraint or ancillary order, the applicant must serve copies of the order on—

(a) the defendant;

(b) any person who is prohibited from dealing with realisable property by the restraint order (whether before or after the discharge); and

RECEIVERSHIP PROCEEDINGS

Application for appointment of a management or an enforcement receiver

33.56

(1) This rule applies to an application for the appointment of a management receiver under section 48(1) of the Proceeds of Crime Act 2002⁷⁰⁹ and an application for the appointment of an enforcement receiver under section 50(1) of the 2002 Act.

(2) The application may be made without notice if—

(a) the application is joined with an application for a restraint order under rule 33.51 (Application for restraint order or ancillary order);

(b) the application is urgent; or

(c) there are reasonable grounds for believing that giving notice would cause the dissipation of realisable property which is the subject of the application.

(3) The application must be in writing and must be supported by a witness statement which must—

(a) give the grounds for the application;

(b) give full details of the proposed receiver;

(c) to the best of the witness’ ability, give full details of the realisable property in respect of which the applicant is seeking the order and specify the person holding that realisable property;

(d) where the application is made by an accredited financial investigator, include a statement that, under section 68 of the 2002 Act, the applicant has authority to apply; and

(e) if the proposed receiver is not a person falling within section 55(8) of the 2002 Act⁷¹⁰ and the applicant is asking the court to allow the receiver to act—

(i) without giving security, or

(ii) before he has given security or satisfied the court that he has security in place,

explain the reasons why that is necessary.

(4) Where the application is for the appointment of an enforcement receiver, the applicant must provide the Crown Court with a copy of the confiscation order made against the defendant.

(5) The application and witness statement must be lodged with the Crown Court.

(6) Except where, under paragraph (2), notice of the application is not required to be served, the application and witness statement must be lodged with the Crown Court and served on—

(a) the defendant;

(b) any person who holds realisable property to which the application relates; and

at least 7 days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

(7) If the court makes an order for the appointment of a receiver, the applicant must serve copies of the order and of the witness statement made in support of the application on—

(a) the defendant;

(b) any person who holds realisable property to which the order applies; and

Application for conferral of powers on a management receiver or an enforcement receiver

33.57

(1) This rule applies to an application for the conferral of powers on a management receiver under section 49(1) of the Proceeds of Crime Act 2002 or an enforcement receiver under section 51(1) of the 2002 Act.

(2) The application may be made without notice if the application is to give the receiver power to take possession of property and—

(a) the application is joined with an application for a restraint order under rule 33.51 (Application for restraint order or ancillary order);

(b) the application is urgent; or

(c) there are reasonable grounds for believing that giving notice would cause the dissipation of the property which is the subject of the application.

(3) The application must be made in writing and supported by a witness statement which must—

(a) give the grounds for the application;

(b) give full details of the realisable property in respect of which the applicant is seeking the order and specify the person holding that realisable property;

(c) where the application is made by an accredited financial investigator, include a statement that, under section 68 of the 2002 Act, the applicant has authority to apply; and

(d) where the application is for power to start, carry on or defend legal proceedings in respect of the property, explain—

(i) what proceedings are concerned, in what court, and

(ii) what powers the receiver will ask that court to exercise.

(4) Where the application is for the conferral of powers on an enforcement receiver, the applicant must provide the Crown Court with a copy of the confiscation order made against the defendant.

(5) The application and witness statement must be lodged with the Crown Court.

(6) Except where, under paragraph (2), notice of the application is not required to be served, the application and witness statement must be served on—

(a) the defendant;

(b) any person who holds realisable property in respect of which a receiver has been appointed or in respect of which an application for a receiver has been made;

(d) the receiver (if one has already been appointed),

at least 7 days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

(7) If the court makes an order for the conferral of powers on a receiver, the applicant must serve copies of the order on—

(a) the defendant;

(b) any person who holds realisable property in respect of which the receiver has been appointed; and

Applications for discharge or variation of receivership orders, and applications for other orders

33.58

(1) This rule applies to applications under section 62(3) of the Proceeds of Crime Act 2002 for orders (by persons affected by the action of receivers) and applications under section 63(1) of the 2002 Act⁷¹¹ for the discharge or variation of orders relating to receivers.

(2) The application must be made in writing and lodged with the Crown Court.

(3) The application must be served on the following persons (except where they are the person making the application)—

(a) the person who applied for appointment of the receiver;

(b) the defendant;

(d) the receiver; and

(e) any other person whom the applicant knows to be affected by the application,

at least 7 days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

(4) If the court makes an order for the discharge or variation of an order relating to a receiver under section 63(2) of the 2002 Act, the applicant must serve copies of the order on any persons whom he knows to be affected by the order.

Sums in the hands of receivers

33.59

(1) This rule applies where the amount payable under a confiscation order has been fully paid and any sums remain in the hands of an enforcement receiver.

(2) The receiver must make an application to the Crown Court for directions as to the distribution of the sums in his hands.

(3) The application and any evidence which the receiver intends to rely on in support of the application must be served on—

(a) the defendant; and

(b) any other person who held (or holds) interests in any property realised by the receiver,

at least 7 days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

(4) If any of the provisions listed in paragraph (5) (provisions as to the vesting of funds in a trustee in bankruptcy) apply, then the Crown Court must make a declaration to that effect.

(5) These are the provisions—

(a) section 31B of the Bankruptcy (Scotland) Act 1985⁷¹²;

(b) section 306B of the Insolvency Act 1986⁷¹³; and

Security

33.60

(1) This rule applies where the Crown Court appoints a receiver under section 48 or 50 of the Proceeds of Crime Act 2002 and the receiver is not a person falling within section 55(8) of the 2002 Act⁷¹⁵ (and it is immaterial whether the receiver is a permanent or temporary member of staff or on secondment from elsewhere).

(2) The Crown Court may direct that before the receiver begins to act, or within a specified time, he must either—

(a) give such security as the Crown Court may determine; or

(b) file with the Crown Court and serve on all parties to any receivership proceedings evidence that he already has in force sufficient security,

to cover his liability for his acts and omissions as a receiver.

(3) The Crown Court may terminate the appointment of a receiver if he fails to—

(a) give the security; or

(b) satisfy the court as to the security he has in force,

by the date specified.

Remuneration

33.61

(1) This rule applies where the Crown Court appoints a receiver under section 48 or 50 of the Proceeds of Crime Act 2002 and the receiver is not a person falling within section 55(8) of the 2002 Act (and it is immaterial whether the receiver is a permanent or temporary member of staff or on secondment from elsewhere).

(2) The receiver may only charge for his services if the Crown Court—

(a) so directs; and

(b) specifies the basis on which the receiver is to be remunerated.

(3) Unless the Crown Court orders otherwise, in determining the remuneration of the receiver, the Crown Court shall award such sum as is reasonable and proportionate in all the circumstances and which takes into account—

(a) the time properly given by him and his staff to the receivership;

(b) the complexity of the receivership;

(d) the effectiveness with which the receiver appears to be carrying out, or to have carried out, his duties; and

(e) the value and nature of the subject matter of the receivership.

(4) The Crown Court may refer the determination of a receiver’s remuneration to be ascertained by the taxing authority of the Crown Court and rules 45.11 (Assessment and re-assessment) to 45.14 (Application for an extension of time) shall have effect as if the taxing authority was ascertaining costs.

(5) A receiver appointed under section 48 of the 2002 Act is to receive his remuneration by realising property in respect of which he is appointed, in accordance with section 49(2)(d) of the 2002 Act.

(6) A receiver appointed under section 50 of the 2002 Act is to receive his remuneration by applying to the magistrates’ court officer for payment under section 55(4)(b) of the 2002 Act⁷¹⁶.

Accounts

33.62

(1) The Crown Court may order a receiver appointed under section 48 or 50 of the Proceeds of Crime Act 2002 to prepare and serve accounts.

(2) A party to receivership proceedings served with such accounts may apply for an order permitting him to inspect any document in the possession of the receiver relevant to those accounts.

(3) Any party to receivership proceedings may, within 14 days of being served with the accounts, serve notice on the receiver—

(a) specifying any item in the accounts to which he objects;

(b) giving the reason for such objection; and

(i) to notify all the parties who were served with the accounts that he accepts the objection, or

(ii) if he does not accept the objection, to apply for an examination of the accounts in relation to the contested item.

(4) When the receiver applies for the examination of the accounts he must at the same time lodge with the Crown Court—

(a) the accounts; and

(b) a copy of the notice served on him under this section of the rule.

(5) If the receiver fails to comply with paragraph (3)(c) of this rule, any party to receivership proceedings may apply to the Crown Court for an examination of the accounts in relation to the contested item.

(6) At the conclusion of its examination of the accounts the court must certify the result.

Non-compliance by receiver

33.63

(1) If a receiver appointed under section 48 or 50 of the Proceeds of Crime Act 2002 fails to comply with any rule, practice direction or direction of the Crown Court, the Crown Court may order him to attend a hearing to explain his non-compliance.

(2) At the hearing, the Crown Court may make any order it considers appropriate, including—

(a) terminating the appointment of the receiver;

(b) reducing the receiver’s remuneration or disallowing it altogether; and

PROCEEDINGS UNDER THE CRIMINAL JUSTICE ACT 1988 AND THE DRUG TRAFFICKING ACT 1994

[Note. The relevant provisions of the 1988 and 1994 Acts were repealed on 24th March 2003, but they continue to have effect in respect of proceedings for offences committed before that date.]

Statements, etc. relevant to making confiscation orders

33.64

(1) Where a prosecutor or defendant―

(a) serves on the magistrates’ court officer any statement or other document under section 73 of the Criminal Justice Act 1988⁷¹⁷ in any proceedings in respect of an offence listed in Schedule 4 to that Act; or

(b) serves on the Crown Court officer any statement or other document under section 11 of the Drug Trafficking Act 1994⁷¹⁸ or section 73 of the 1988 Act in any proceedings in respect of a drug trafficking offence or in respect of an offence to which Part VI of the 1988 Act applies,

that party must serve a copy as soon as practicable on the defendant or the prosecutor, as the case may be.

(2) Any statement tendered by the prosecutor to the magistrates’ court under section 73 of the 1988 Act or to the Crown Court under section 11(1) of the 1994 Act or section 73(1A) of the 1988 Act must include the following particulars—

(a) the name of the defendant;

(b) the name of the person by whom the statement is made and the date on which it was made;

(c) where the statement is not tendered immediately after the defendant has been convicted, the date on which and the place where the relevant conviction occurred; and

(d) such information known to the prosecutor as is relevant to the determination as to whether or not the defendant has benefited from drug trafficking or relevant criminal conduct and to the assessment of the value of any proceeds of drug trafficking or, as the case may be, benefit from relevant criminal conduct.

(3) Where, in accordance with section 11(7) of the 1994 Act or section 73(1C) of the 1988 Act, the defendant indicates in writing the extent to which he or she accepts any allegation contained within the prosecutor’s statement, the defendant must serve a copy of that reply on the court officer.

(4) Expressions used in this rule have the same meanings as in the 1994 Act or, where appropriate, the 1988 Act.

Postponed determinations

33.65

(1) Where an application is made by the defendant or the prosecutor –

(a) to a magistrates’ court under section 72A(5)(a) of the Criminal Justice Act 1988⁷¹⁹ asking the court to exercise its powers under section 72A(4) of that Act; or

(b) to the Crown Court under section 3(5)(a) of the Drug Trafficking Act 1994⁷²⁰ asking the court to exercise its powers under section 3(4) of that Act, or under section 72A(5)(a) of the 1988 Act asking the court to exercise its powers under section 72A(4) of the 1988 Act,

the application must be in writing and the applicant must serve a copy on the prosecutor or the defendant, as the case may be.

(2) A party served with a copy of an application under paragraph (1) must, within 28 days of the date of service, notify the applicant and the court officer, in writing, whether or not that party opposes the application, giving reasons for any opposition.

(3) After the expiry of the period referred to in paragraph (2), the court may determine an application under paragraph (1)—

(a) without a hearing; or

(b) at a hearing at which the parties may be represented.

Confiscation orders - revised assessments

33.66

(1) Where the prosecutor makes an application under section 13, 14 or 15 of the Drug Trafficking Act 1994⁷²¹ or section 74A, 74B or 74C of the Criminal Justice Act 1988⁷²², the application must be in writing and a copy must be served on the defendant.

(2) The application must include the following particulars—

(a) the name of the defendant;

(b) the date on which and the place where any relevant conviction occurred;

(d) the grounds on which the application is made; and

(e) an indication of the evidence available to support the application.

Application to the Crown Court to discharge or vary order to make material available

33.67

(1) Where an order under section 93H of the Criminal Justice Act 1988⁷²³ (order to make material available) or section 55 of the Drug Trafficking Act 1994⁷²⁴ (order to make material available) has been made by the Crown Court, any person affected by it may apply in writing to the court officer for the order to be discharged or varied, and on hearing such an application the court may discharge the order or make such variations to it as the court thinks fit.

(2) Subject to paragraph (3), where a person proposes to make an application under paragraph (1) for the discharge or variation of an order, that person must give a copy of the application, not later than 48 hours before the making of the application—

(a) to a constable at the police station specified in the order; or

(b) to the office of the appropriate officer who made the application, as specified in the order,

in either case together with a notice indicating the time and place at which the application for discharge or variation is to be made.

(3) The court may direct that paragraph (2) need not be complied with if satisfied that the person making the application has good reason to seek a discharge or variation of the order as soon as possible and it is not practicable to comply with that paragraph.

(4) In this rule:

‘constable’ includes a person commissioned by the Commissioners for Her Majesty’s Revenue and Customs;

‘police station’ includes a place for the time being occupied by Her Majesty’s Revenue and Customs.

Application to the Crown Court for increase in term of imprisonment in default of payment

33.68

(1) This rule applies to applications made, or that have effect as made, to the Crown Court under section 10 of the Drug Trafficking Act 1994⁷²⁵ and section 75A of the Criminal Justice Act 1988⁷²⁶ (interest on sums unpaid under confiscation orders).

(2) Notice of an application to which this rule applies to increase the term of imprisonment or detention fixed in default of payment of a confiscation order by a person (‘the defendant’) must be made by the prosecutor in writing to the court officer.

(3) A notice under paragraph (2) shall—

(a) state the name and address of the defendant;

(b) specify the grounds for the application;

(d) include a copy of the confiscation order.

(4) On receiving a notice under paragraph (2), the court officer must—

(a) forthwith send to the defendant and the magistrates’ court required to enforce payment of the confiscation order under section 140(1) of the Powers of Criminal Courts (Sentencing) Act 2000⁷²⁷, a copy of the said notice; and

(b) notify in writing the applicant and the defendant of the date, time and place appointed for the hearing of the application.

(5) Where the Crown Court makes an order pursuant to an application mentioned in paragraph (1) above, the court officer must send forthwith a copy of the order—

(a) to the applicant;

(b) to the defendant;

(c) where the defendant is at the time of the making of the order in custody, to the person having custody of him or her; and

(d) to the magistrates’ court mentioned in paragraph (4)(a).

Drug trafficking – compensation on acquittal in the Crown Court

33.69

Where the Crown Court cancels a confiscation order under section 22(2) of the Drug Trafficking Act 1994⁷²⁸, the Crown Court officer must serve notice to that effect on the High Court officer and on the court officer of the magistrates’ court which has responsibility for enforcing the order.

CONTEMPT PROCEEDINGS

Application to punish for contempt of court

33.70

(1) This rule applies where a person is accused of disobeying—

(a) a compliance order made for the purpose of ensuring that a confiscation order is effective;

(b) a restraint order; or

(2) An applicant who wants the Crown Court to exercise its power to punish that person for contempt of court must comply with the rules in Part 48 (Contempt of court).

[Note. The Crown Court has inherent power to punish for contempt of court a person who disobeys its order: see section 45 of the Senior Courts Act 1981⁷²⁹.]

PART 34 — APPEAL TO THE CROWN COURT

Contents of this Part

When this Part applies	rule 34.1
Service of appeal notice	rule 34.2
Form of appeal notice	rule 34.3
Duty of magistrates' court officer	rule 34.4
Duty of person keeping exhibit	rule 34.5
Reference by the Criminal Cases Review Commission	rule 34.6
Application to introduce further evidence	rule 34.7
Hearings and decisions	rule 34.8
Abandoning an appeal	rule 34.9
Court's power to vary requirements under this Part	rule 34.10
Constitution of the Crown Court	rule 34.11

When this Part applies

34.1

(1) This Part applies where—

(a) a defendant wants to appeal under—

(i) section 108 of the Magistrates’ Courts Act 1980⁷³⁰,

(ii) section 45 of the Mental Health Act 1983⁷³¹,

(iii) paragraph 10 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000⁷³², or paragraphs 9(8) or 13(5) of Schedule 8 to the Criminal Justice Act 2003⁷³³,

(iv) section 42 of the Counter Terrorism Act 2008⁷³⁴;

(b) the Criminal Cases Review Commission refers a defendant’s case to the Crown Court under section 11 of the Criminal Appeal Act 1995⁷³⁵;

(i) section 14A(5A) of the Football Spectators Act 1989⁷³⁶, or

(ii) section 147(3) of the Customs and Excise Management Act 1979⁷³⁷; or

(d) a person wants to appeal under—

(i) section 1 of the Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956⁷³⁸,

(ii) section 12(5) of the Contempt of Court Act 1981⁷³⁹,

(iii) regulation 3C or 3H of the Costs in Criminal Cases (General) Regulations 1986⁷⁴⁰,

(iv) section 22 of the Football Spectators Act 1989⁷⁴¹, or

(v) section 10(4) or (5) of the Crime and Disorder Act 1998⁷⁴².

(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 1981⁷⁴³. For the powers of the Crown Court on an appeal, see section 48 of that Act.

Service of appeal notice

34.2

(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 serve with the appeal notice any application for the following, with reasons—

(a) an extension of the time limit under this rule, if the appeal notice is late;

(b) bail pending appeal, if the appellant is in custody;

(c) the suspension of any disqualification imposed in the case, where the magistrates’ court or the Crown Court can order such a suspension pending appeal.

(4) Where both the magistrates’ court and the Crown Court can suspend a disqualification pending appeal, an application for its suspension must indicate by which court the appellant wants the application determined.

[Note. Under section 1(1) of the Powers of Criminal Courts (Sentencing) Act 2000⁷⁴⁵, a magistrates’ court may defer passing sentence for up to 6 months.

Form of appeal notice

34.3

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

34.4

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;

(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; and

(d) arrange for the magistrates’ court to hear as soon as practicable any application to that court under rule 34.2(3)(c) (suspension of disqualification pending appeal).

Duty of person keeping exhibit

34.5

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

34.6

(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.

Application to introduce further evidence

34.7

(1) This rule applies where—

(a) a party wants to introduce evidence which was not introduced by either party in the magistrates’ court; and

(b) one of these Parts applies—

(i) Part 18 (Measures to assist a witness or defendant to give evidence),

(ii) Part 20 (Hearsay evidence),

(iii) Part 21 (Evidence of bad character), or

(iv) Part 22 (Evidence of a complainant’s previous sexual behaviour).

(2) Such a party must serve the notice or application to introduce evidence required by that Part not more than 14 days after service of the appeal notice.

[Note. See also Part 16 (Written witness statements) and Part 19 (Expert evidence), which may apply where this Part applies.]

Hearings and decisions

34.8

(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 15 (Disclosure).]

Abandoning an appeal

34.9

(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

34.10

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

34.11

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, a Recorder or a qualifying judge advocate, 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 1981⁷⁵¹, section 45 of the Children and Young Persons Act 1933⁷⁵²and section 9 of the Courts Act 2003⁷⁵³. Under section 8(1A) of the Senior Courts Act 1981⁷⁵⁴, a qualifying judge advocate may not exercise the jurisdiction of the Crown Court on an appeal from a youth court.]

PART 35 — APPEAL TO THE HIGH COURT BY CASE STATED

Contents of this Part

When this Part applies	rule 35.1
Application to state a case	rule 35.2
Preparation of case stated	rule 35.3
Duty of justices' legal adviser	rule 35.4
Court's power to vary requirements under this Part	rule 35.5

When this Part applies

35.1

This Part applies where a person wants to appeal to the High Court by case stated—

(a) under section 111 of the Magistrates’ Courts Act 1980⁷⁵⁵, against a decision of a magistrates’ court; or

(b) under section 28 of the Senior Courts Act 1981⁷⁵⁶, against a decision of the Crown Court.

[Note. Under section 111 of the Magistrates’ Courts Act 1980, ‘any person who was a party to any proceeding before a magistrates’ court or is aggrieved by the conviction, order, determination or other proceeding of the court may question the proceeding on the ground that it is wrong in law or is in excess of jurisdiction by applying to the justices composing the court to state a case for the opinion of the High Court on the question of law or jurisdiction involved’.

Application to state a case

35.2

(1) A party who wants the court to state a case for the opinion of the High Court must—

(a) apply in writing, not more than 21 days after the decision against which the applicant wants to appeal; and

(b) serve the application on—

(i) the court officer, and

(ii) each other party.

(2) The application must—

(a) specify the decision in issue;

(b) specify the proposed question or questions of law or jurisdiction on which the opinion of the High Court will be asked;

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

(i) if the application is to the Crown Court, an extension of time within which to apply to state a case,

(ii) bail pending appeal,

(iii) the suspension of any disqualification imposed in the case, where the court can order such a suspension pending appeal.

(3) A party who wants to make representations about the application must—

(a) serve the representations on—

(i) the court officer, and

(ii) each other party; and

(b) do so not more than 14 days after service of the application.

(4) The court may determine the application without a hearing.

(5) If the court decides not to state a case, the court officer must serve on each party—

(a) notice of that decision; and

(b) the court’s written reasons for that decision, if not more than 21 days later the applicant asks for those reasons.

[Note. The time limit for applying to a magistrates’ court to state a case is prescribed by section 111(2) of the Magistrates’ Courts Act 1980. It may be neither extended nor shortened.

Preparation of case stated

35.3

(1) This rule applies where the court decides to state a case for the opinion of the High Court.

(2) The court officer must serve on each party notice of—

(a) the decision to state a case, and

(b) any recognizance ordered by the court.

(3) Unless the court otherwise directs, not more than 21 days after the court’s decision to state a case—

(a) in a magistrates court, the court officer must serve a draft case on each party;

(b) in the Crown Court, the applicant must serve a draft case on the court officer and each other party.

(4) The draft case must—

(a) specify the decision in issue;

(b) specify the question(s) of law or jurisdiction on which the opinion of the High Court will be asked;

(i) the nature and history of the proceedings,

(ii) the court’s relevant findings of fact, and

(iii) the relevant contentions of the parties;

(d) if a question is whether there was sufficient evidence on which the court reasonably could reach a finding of fact—

(i) specify that finding, and

(ii) include a summary of the evidence on which the court reached that finding.

(5) Except to the extent that paragraph (4)(d) requires, the draft case must not include an account of the evidence received by the court.

(6) A party who wants to make representations about the content of the draft case, or to propose a revised draft, must—

(a) serve the representations, or revised draft, on—

(i) the court officer, and

(ii) each other party; and

(b) do so not more than 21 days after service of the draft case.

(7) The court must state the case not more than 21 days after the time for service of representations under paragraph (6) has expired.

(8) A case stated for the opinion of the High Court must—

(a) comply with paragraphs (4) and (5); and

(b) identify—

(i) the court that stated it, and

(ii) the court office for that court.

(9) The court officer must serve the case stated on each party.

[Note. Under section 114 of the Magistrates’ Courts Act 1980⁷⁵⁹, a magistrates’ court need not state a case until the person who applied for it has entered into a recognizance to appeal promptly to the High Court. The Crown Court has a corresponding inherent power.

Duty of justices' legal adviser

35.4

(1) This rule applies—

(a) only in a magistrates’ court; and

(b) unless the court—

(i) includes a District Judge (Magistrates’ Courts), and

(ii) otherwise directs.

(2) A justices’ legal adviser must—

(a) give the court legal advice; and

(b) if the court so requires, assist it by—

(i) preparing and amending the draft case, and

(ii) completing the case stated.

Court's power to vary requirements under this Part

35.5

(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 application, representations or draft case for which it is needed; and

(b) explain the delay.

[Note. See also rule 35.2(2)(d)(i) and the note to rule 35.2.]

PART 36 — APPEAL TO THE COURT OF APPEAL: GENERAL RULES

Contents of this Part

When this Part applies	rule 36.1
Case management in the Court of Appeal	rule 36.2
Power to vary requirements	rule 36.3
Application for extension of time	rule 36.4
Renewing an application refused by a judge or the Registrar	rule 36.5
Hearings	rule 36.6
Notice of hearings and decisions	rule 36.7
Duty of Crown Court officer	rule 36.8
Duty of person transcribing proceedings in the Crown Court	rule 36.9
Duty of person keeping exhibit	rule 36.10
Registrar's duty to provide copy documents for appeal or reference	rule 36.11
Declaration of incompatibility with a Convention right	rule 36.12
Abandoning an appeal	rule 36.13
Abandoning a ground of appeal or opposition	rule 36.14

When this Part applies

36.1

(1) This Part applies to all the applications, appeals and references to the Court of Appeal to which Parts 37, 38, 39, 40, 41 and 43 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.

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

Case management in the Court of Appeal

36.2

(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 3.10(3) (requiring a certificate of readiness), and

(iii) rule 3.11 (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

36.3

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 1968⁷⁶⁸on an appeal against conviction or sentence, and

(b) under section 18A of that Act⁷⁶⁹on an appeal against a finding of contempt of court

Application for extension of time

36.4

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

36.5

(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 37, 38 or 40 apply: see rules 37.7, 38.10 and 40.7.

Hearings

36.6

(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 40.]

Notice of hearings and decisions

36.7

(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 37, 38 or 40 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

36.8

(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) Where someone may appeal to the Court of Appeal, the Crown Court officer must keep any document or object exhibited in the proceedings in the Crown Court, or arrange for it to be kept by some other appropriate person, until—

(a) 6 weeks after the conclusion of those proceedings; or

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

unless the court, the Registrar or the Crown Court otherwise directs.

(3) Where Part 37 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 38 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 39 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 40 applies (Appeal to the Court of Appeal about 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 section 87(4) of the Senior Courts Act 1981⁷⁷⁴and rules 5.5 (Recording and transcription of proceedings in the Crown Court), 36.9 (duty of person transcribing record of proceedings in the Crown Court) and 36.10 (Duty of person keeping exhibit).]

Duty of person transcribing proceedings in the Crown Court

36.9

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.

[Note. See also section 32 of the Criminal Appeal Act 1968⁷⁷⁵and rule 5.5 (Recording and transcription of proceedings in the Crown Court).]

Duty of person keeping exhibit

36.10

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 36.8(2) (Duty of Crown Court officer).]

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

36.11

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

36.12

(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 1998⁷⁷⁶; 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 1947⁷⁷⁷; 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

36.13

(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

36.14

(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 37 — APPEAL TO THE COURT OF APPEAL AGAINST RULING AT PREPARATORY HEARING

Contents of this Part

When this Part applies	rule 37.1
Service of appeal notice	rule 37.2
Form of appeal notice	rule 37.3
Crown Court judge's permission to appeal	rule 37.4
Respondent's notice	rule 37.5
Powers of Court of Appeal judge	rule 37.6
Renewing applications	rule 37.7
Right to attend hearing	rule 37.8

When this Part applies

37.1

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

(a) section 9(11) of the Criminal Justice Act 1987⁷⁷⁸ or section 35(1) of the Criminal Procedure and Investigations Act 1996⁷⁷⁹; or

(b) section 47(1) of the Criminal Justice Act 2003⁷⁸⁰.

(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

37.2

(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

37.3

(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

37.4

(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

37.5

(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

37.6

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 1968⁷⁸¹and section 49 of the Criminal Justice Act 2003⁷⁸².]

Renewing applications

37.7

Rule 36.5 (Renewing an application refused by a judge or the Registrar) applies with a time limit of 5 business days.

Right to attend hearing

37.8

(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 36.6 (Hearings).]

PART 38 — APPEAL TO THE COURT OF APPEAL AGAINST RULING ADVERSE TO PROSECUTION

Contents of this Part

When this Part applies	rule 38.1
Decision to appeal	rule 38.2
Service of appeal notice	rule 38.3
Form of appeal notice	rule 38.4
Crown Court judge's permission to appeal	rule 38.5
Expediting an appeal	rule 38.6
Respondent's notice	rule 38.7
Public interest ruling	rule 38.8
Powers of Court of Appeal judge	rule 38.9
Renewing applications	rule 38.10
Right to attend hearing	rule 38.11

When this Part applies

38.1

(1) This Part applies where a prosecutor wants to appeal under section 58(2) of the Criminal Justice Act 2003⁷⁸³.

(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

38.2

(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

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