Legalize / United Kingdom / Statutory-Instrument

The Criminal Procedure Rules 2025

Type Statutory-Instrument

Publication 2025-07-15

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

[Note. Where an appellant abandons an appeal to the Crown Court, both the Crown Court and the magistrates’ court have power to make a costs order against that appellant in favour of the respondent: see section 52 of the Senior Courts Act 1981⁸⁶²and section 109 of the Magistrates’ Courts Act 1980⁸⁶³. Part 45 contains rules about costs on abandoning an appeal.]

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 issued under the Practice Direction, or to be presented orally.

Constitution of the Crown Court

34.11

(1) On the hearing of an appeal the general rule is that—

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

(2) Despite the general rule—

(a) the Crown Court may include only one justice of the peace if—

(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; and

(b) the Crown Court may comprise only a judge of the High Court, a Circuit judge, a Recorder or a qualifying judge advocate if—

(i) the appeal is against conviction, under section 108 of the Magistrates’ Courts Act 1980⁸⁶⁴, and

(ii) the respondent agrees that the court should allow the appeal, under section 48(2) of the Senior Courts Act 1981⁸⁶⁵.

(3) Before the hearing of an appeal begins and after that hearing ends—

(a) the Crown Court may comprise only a judge of the High Court, a Circuit judge, a Recorder or a qualifying judge advocate; and

(b) so constituted, the court may, among other things, exercise the powers to which apply—

(i) the rules in this Part and in Part 3 (Case management), and

(ii) rule 35.2 (stating a case for the opinion of the High Court, or refusing to do so).

[Note. See sections 73 and 74 of the Senior Courts Act 1981⁸⁶⁶(which allow rules of court to provide for the constitution of the Crown Court in proceedings on appeal), section 45 of the Children and Young Persons Act 1933⁸⁶⁷and section 9 of the Courts Act 2003⁸⁶⁸. Under section 8(1A) of the Senior Courts Act 1981⁸⁶⁹, 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 1980⁸⁷⁰, against a decision of a magistrates’ court; or

(b) under section 28 of the Senior Courts Act 1981⁸⁷¹, 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, or

(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 10 business days after service of the application.

(4) The court—

(a) may determine the application without a hearing; and

(b) must determine the application not more than 15 business days after the time for service of representations under paragraph (3) has expired.

(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.

[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 15 business 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; or

(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; and

(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 15 business days after service of the draft case.

(7) The court must state the case not more than 15 business 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 1980⁸⁷⁶, 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 assist the court by—

(a) preparing and amending the draft case; and

(b) completing the case stated.

[Note. For the functions of a justices’ legal adviser, see sections 28 and 29 of the Courts Act 2003⁸⁷⁸. See also rule 2.12 (Duties of justices’ legal adviser).]

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
Grounds of appeal and opposition	rule 36.14
Reopening the determination of an appeal	rule 36.15

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 3.12(3) (requiring a certificate of readiness), and

(iii) rule 3.13 (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 1968⁸⁸⁶on an appeal against conviction or sentence, and

(b) under section 18A of that Act⁸⁸⁷on 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 issued under the Practice Direction, signed by or on behalf of the applicant; and

(b) serve the renewed application on the Registrar not more than 10 business 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 10 business days under this rule is reduced to 5 business 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) Where a party wants the court to reopen the determination of an appeal—

(a) the court—

(i) must decide the application without a hearing, as a general rule, but

(ii) may decide the application at a hearing; and

(b) need not announce its decision on such an application at a hearing in public.

(6) 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—

(a) where electronic arrangements have been made to receive and store information and documents for the Crown Court, as soon as practicable ensure that all such material is available to the Registrar in accordance with those arrangements; and

(b) 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 week period,

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 or in response to jury tampering), 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 or make available to the Registrar—

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

(b) the decision on any application at the Crown Court centre for bail pending appeal;

(d) 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 1981⁸⁹²and 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 1968⁸⁹³and 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 1998⁸⁹⁴; 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 1947⁸⁹⁵; 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 15 business 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 issued under 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.]

Grounds of appeal and opposition

36.14

(1) If the court gives permission to appeal then unless the court otherwise directs the decision indicates that—

(a) the appellant has permission to appeal on every ground identified by the appeal notice; and

(b) the court finds reasonably arguable each ground on which the appellant has permission to appeal.

(2) If the court gives permission to appeal but not on every ground identified by the appeal notice the decision indicates that—

(a) at the hearing of the appeal the court will not consider representations that address any ground thus excluded from argument; and

(b) an appellant who wants to rely on such an excluded ground needs the court’s permission to do so.

(3) An appellant who wants to rely at the hearing of an appeal on a ground of appeal excluded from argument by a judge of the Court of Appeal when giving permission to appeal must—

(a) apply for permission to do so, with reasons, and identify each such ground;

(b) serve the application on—

(i) the Registrar, and

(ii) any respondent; and

(i) the giving of permission to appeal, or

(ii) the Registrar serves notice of that decision on the applicant, if the applicant was not present in person or by live link when permission to appeal was given.

(4) Paragraph (5) applies where one of the following Parts applies—

(a) Part 37 (Appeal to the Court of Appeal against ruling at preparatory hearing or in response to jury tampering);

(b) Part 38 (Appeal to the Court of Appeal against ruling adverse to prosecution);

(d) Part 40 (Appeal to the Court of Appeal about reporting or public access restriction).

(5) An appellant who wants to rely on a ground of appeal not identified by the appeal notice must—

(a) apply for permission to do so and identify each such ground;

(b) in respect of each such ground—

(i) explain why it was not included in the appeal notice, and

(ii) where Part 39 applies, comply with rule 39.3(2);

(i) the Registrar, and

(ii) any respondent; and

(d) serve the application—

(i) as soon as reasonably practicable, and in any event

(ii) at the same time as serving any renewed application for permission to appeal which relies on that ground.

(6) Paragraph (7) applies where a party wants to abandon—

(a) a ground of appeal on which that party has permission to appeal; or

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

(7) Such a party must serve notice on—

(a) the Registrar; and

(b) each other party,

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

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

Reopening the determination of an appeal

36.15

(1) This rule applies where—

(a) a party wants the court to reopen a decision which determines an appeal or reference to which this Part applies (including a decision on an application for permission to appeal or refer); or

(b) the Registrar refers such a decision to the court for the court to consider reopening it.

(2) Such a party must—

(a) apply in writing for permission to reopen that decision, as soon as practicable after becoming aware of the grounds for doing so; and

(b) serve the application on the Registrar.

(3) The application must—

(a) specify the decision which the applicant wants the court to reopen; and

(b) explain—

(i) why it is necessary for the court to reopen that decision in order to avoid real injustice,

(ii) how the circumstances are exceptional and make it appropriate to reopen the decision notwithstanding the rights and interests of other participants and the importance of finality,

(iii) why there is no alternative effective remedy among any potentially available, and

(iv) any delay in making the application.

(4) The Registrar—

(a) may invite a party’s representations on—

(i) an application to reopen a decision, or

(ii) a decision that the Registrar has referred, or intends to refer, to the court; and

(b) must do so if the court so directs.

(5) A party invited to make representations must serve them on the Registrar within such period as the Registrar directs.

(6) The court must not reopen a decision to which this rule applies unless each other party has had an opportunity to make representations.

[Note. The Court of Appeal has power only in exceptional circumstances to reopen a decision to which this rule applies.]

PART 37 — APPEAL TO THE COURT OF APPEAL AGAINST RULING AT PREPARATORY HEARING OR IN RESPONSE TO JURY TAMPERING

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 1987⁸⁹⁶ or section 35(1) of the Criminal Procedure and Investigations Act 1996⁸⁹⁷; or

(b) section 47(1) of the Criminal Justice Act 2003⁸⁹⁸.

(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 issued under 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, or

(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;

(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 and include or attach an electronic link to each such document that has been made available to the Registrar under rule 36.8(1)(a) (Duty of Crown Court officer); and

(h) unless an authority identified by the grounds of appeal (see paragraph (2)(d)) is published by the Registrar as one frequently cited, include or attach—

(i) an electronic copy of each authority so identified, or

(ii) if two or more such authorities not so published are identified, electronic copies of each together in a single electronic document.

[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 issued under 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, or

(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 and include or attach an electronic link to each such document that has been made available to the Registrar under rule 36.8(1)(a) (Duty of Crown Court officer); and

(g) unless an authority identified under paragraph (5)(d) is published by the Registrar as one frequently cited, include or attach—

(i) an electronic copy of each authority so identified, or

(ii) if two or more such authorities not so published are identified, electronic copies of each together in a single electronic document.

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 1968⁸⁹⁹and section 49 of the Criminal Justice Act 2003⁹⁰⁰.]

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 2003⁹⁰¹.

(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 becoming aware of 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 becoming aware of the ruling; and

(b) the judge must not require the appellant to decide there and then but instead must allow until, as a general rule, 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

38.3

(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 38.8.]

Form of appeal notice

38.4

(1) An appeal notice must be in the form issued under 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 include or attach an electronic link to each such document that has been made available to the Registrar under rule 36.8(1)(a) (Duty of Crown Court officer);

(h) unless an authority identified by the grounds of appeal (see paragraph (2)(d)) is published by the Registrar as one frequently cited, include or attach—

(i) an electronic copy of each authority so identified, or

(ii) if two or more such authorities not so published are identified, electronic copies of each together in a single electronic document; and

(i) 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 38.7.]

Crown Court judge’s permission to appeal

38.5

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

(a) apply orally, with reasons, immediately after becoming aware of 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 38.2 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

38.6

(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

38.7

(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 issued under 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, or

(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 and include or attach an electronic link to each such document that has been made available to the Registrar under rule 36.8(1)(a) (Duty of Crown Court officer); and

(g) unless an authority identified under paragraph (5)(d) is published by the Registrar as one frequently cited, include or attach—

(i) an electronic copy of each authority so identified, or

(ii) if two or more such authorities not so published are identified, electronic copies of each together in a single electronic document.

Public interest ruling

38.8

(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 38.5(3) and 38.6(2) do not apply.

[Note. Rules 38.5(3) and 38.6(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

38.9

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

38.10

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

38.11

(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 36.6 (Hearings).]

PART 39 — APPEAL TO THE COURT OF APPEAL ABOUT CONVICTION OR SENTENCE

Contents of this Part

When this Part applies	rule 39.1
Service of appeal notice	rule 39.2
Form of appeal notice	rule 39.3
Crown Court judge’s certificate that case is fit for appeal	rule 39.4
Reference by Criminal Cases Review Commission	rule 39.5
Respondent’s notice	rule 39.6
Introducing evidence	rule 39.7
Application for bail, or to suspend a disqualification or order,
pending appeal or retrial	rule 39.8
Conditions of bail pending appeal or retrial	rule 39.9
Forfeiture of a recognizance given as a condition of bail	rule 39.10
Right to attend hearing	rule 39.11
Power to vary determination of appeal against sentence	rule 39.12
Directions about re-admission to hospital on dismissal of appeal	rule 39.13
Renewal or setting aside of order for retrial	rule 39.14

When this Part applies

39.1

(1) This Part applies where—

(a) a defendant wants to appeal under—

(i) Part 1 of the Criminal Appeal Act 1968⁹⁰²,

(ii) section 274(3) of the Criminal Justice Act 2003⁹⁰³,

(iii) paragraph 14 of Schedule 22 to the Criminal Justice Act 2003⁹⁰⁴, or

(iv) section 42 of the Counter Terrorism Act 2008⁹⁰⁵;

(b) the Criminal Cases Review Commission refers a case to the Court of Appeal under section 9 of the Criminal Appeal Act 1995⁹⁰⁶;

(d) a party wants to appeal under section 389 of the Sentencing Act 2020⁹⁰⁸;

(e) a person found in contempt of court wants to appeal under section 13 of the Administration of Justice Act 1960⁹⁰⁹ and section 18A of the Criminal Appeal Act 1968⁹¹⁰; or

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

(i) section 24 of the Serious Crime Act 2007⁹¹¹,

(ii) section 28(5)(a) of the Offensive Weapons Act 2019⁹¹²,

(iii) section 342I(2) of the 2020 Act⁹¹³,

(iv) section 46(5) of the Domestic Abuse Act 2021⁹¹⁴; or

(v) regulation 3C or 3H of the Costs in Criminal Cases (General) Regulations 1986⁹¹⁵.

(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 Act⁹¹⁶);

(b) a sentence (sections 9 and 10 of the 1968 Act⁹¹⁷);

(d) a finding of disability or a finding that the defendant did the act or made the omission charged as an offence (section 15 of the 1968 Act⁹¹⁸);

(e) a hospital order, interim hospital order or supervision order under section 5 or 5A of the Criminal Procedure (Insanity) Act 1964⁹¹⁹(section 16A of the 1968 Act⁹²⁰).

Service of appeal notice

39.2

(1) The appellant must serve an appeal notice on the Registrar—

(a) not more than 28 days after—

(i) the conviction, verdict, or finding,

(ii) the sentence,

(iii) the order (subject to paragraph (b)), or the failure to make an order, or

(iv) the minimum term review decision under section 274(3) of, or paragraph 14 of Schedule 22 to, the Criminal Justice Act 2003

about which the appellant wants to appeal;

(b) not more than 15 business days after the order in a case in which the appellant appeals against a wasted or third party costs order; and

(c) not more than 20 business days after the Registrar serves notice that the Criminal Cases Review Commission has referred a conviction to the court.

(2) Unless the appeal notice includes grounds of appeal prepared by the person who was appointed to put the case for the defence under rule 25.10 (Defendant unfit to plead), paragraphs (3), (4) and (5) of this rule apply where the appeal is about—

(a) a finding of disability under section 4 of the Criminal Procedure (Insanity) Act 1964⁹²⁵;

(b) a finding under section 4A of the 1964 Act⁹²⁶ that the defendant did the act or made the omission charged as an offence; or

(3) The Registrar must refer the appeal notice to a judge of the Court of Appeal for the judge to give or refuse to give procedural directions under section 31B of the Criminal Appeal Act 1968⁹²⁸.

(4) The judge may—

(a) give such procedural directions as the case requires where the appeal notice includes grounds of appeal that the judge considers reasonably arguable; or

(b) refuse to give such directions, in any other case.

(5) Such procedural directions may include—

(a) a direction for the appointment of a person to put the case for the appellant on appeal;

(b) a direction to commission medical evidence; and

[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

39.3

(1) An appeal notice must be in the form issued under the Practice Direction and 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 (and see paragraph (2));

(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) 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, or

(ix) the suspension of any disqualification imposed, or order made, in the case, where the Court of Appeal can order such a suspension pending appeal;

(f) identify any other document or thing that the appellant thinks the court will need to decide the appeal and include or attach an electronic link to each such document that has been made available to the Registrar under rule 36.8(1)(a) (Duty of Crown Court officer); and

(g) unless an authority identified by the grounds of appeal (see paragraph (2)(f)) is published by the Registrar as one frequently cited, include or attach—

(i) an electronic copy of each authority so identified, or

(ii) if two or more such authorities not so published are identified, electronic copies of each together in a single electronic document.

(2) The grounds of appeal must—

(a) include in no more than the first two pages a summary of the grounds that makes what then follows easy to understand;

(b) in each ground of appeal identify the event or decision to which that ground relates;

(c) in each ground of appeal summarise the facts relevant to that ground, but only to the extent necessary to make clear what is in issue;

(d) concisely outline each argument in support of each ground;

(e) number each ground consecutively, if there is more than one;

(f) identify any relevant authority and—

(i) state the proposition of law that the authority demonstrates, and

(ii) identify the parts of the authority that support that proposition; and

(g) 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.

[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

39.4

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

(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 10business 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

39.5

(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 39.2.

Respondent’s notice

39.6

(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—

(a) not more than 10 business days after the Registrar serves—

(i) the appeal notice, or

(ii) a direction to do so; or

(b) not more than 20 business days after the Registrar serves notice that the Commission has referred a conviction.

(5) The respondent’s notice must be in the form issued under 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, or

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

(g) identify any other document or thing that the respondent thinks the court will need to decide the appeal and include or attach an electronic link to each such document that has been made available to the Registrar under rule 36.8(1)(a) (Duty of Crown Court officer); and

(h) unless an authority identified under paragraph (6)(e) is published by the Registrar as one frequently cited, include or attach—

(i) an electronic copy of each authority so identified, or

(ii) if two or more such authorities not so published are identified, electronic copies of each together in a single electronic document.

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

Introducing evidence

39.7

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

(a) Part 16 (Written witness statements);

(b) Part 18 (Measures to assist a witness or defendant to give evidence);

(d) Part 20 (Hearsay evidence);

(e) Part 21 (Evidence of bad character); and

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

(2) But the general rule is that—

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

(i) the Registrar, and

(ii) the respondent

not more than 10 business days after service of the respondent’s notice; and

(3) A party who wants the court to order the production of a document, exhibit or other thing connected with the proceedings must—

(a) identify that item; and

(b) explain—

(i) how it is connected with the proceedings,

(ii) why its production is necessary for the determination of the case, and

(iii) to whom it should be produced (the court, appellant or respondent, or any two or more of them).

(4) A party who wants the court to order a witness to attend to be questioned must—

(a) identify the proposed witness;

(b) explain—

(i) what evidence the proposed witness can give,

(ii) why that evidence is capable of belief,

(iii) if applicable, why that evidence may provide a ground for allowing the appeal,

(iv) on what basis that evidence would have been admissible in the case which is the subject of the application for permission to appeal or appeal, and

(v) why that evidence was not introduced in that case; and

(c) where the court can exercise a power to which Part 18 (Measures to assist a witness or defendant to give evidence) applies, provide any information that the court may need to assess—

(i) the measure or measures likely to maximise so far as practicable the quality of the witness’ evidence, and

(ii) the witness’ own views.

(5) Where the court orders a witness to attend to be questioned, the witness must attend the hearing of the application for permission to appeal or of the appeal, as applicable, unless the court otherwise directs.

(6) Where the court orders a witness to attend to be questioned before an examiner on the court’s behalf, the court must identify the examiner and may give directions about—

(a) the time and place, or times and places, at which that questioning must be carried out;

(b) the manner in which that questioning must be carried out, in particular as to—

(i) the service of any report, statement or questionnaire in preparation for the questioning,

(ii) the sequence in which the parties may ask questions, and

(iii) if more than one witness is to be questioned, the sequence in which those witnesses may be questioned; and

(7) Where the court orders the questioning of a witness before an examiner, the court may delegate to that examiner the giving of directions under paragraph (6)(a), (b) and (c).

[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 rules 39.3(1)(e)(v), (vi) and 39.6(6)(f)(iv), (v).

Application for bail, or to suspend a disqualification or order, pending appeal or retrial

39.8

(1) This rule applies where—

(a) a party wants to make an application to the court about bail pending appeal or retrial; or

(b) an appellant wants to apply to the court to suspend a disqualification or order pending appeal.

(2) That party must serve an application in the form issued under 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, in the case of a bail application, representations about any condition or surety proposed by the applicant.

[Note. See section 19 of the Criminal Appeal Act 1968⁹³⁵, section 3(8) of the Bail Act 1976⁹³⁶and regulations 77 to 84 of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014⁹³⁷. 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

39.9

(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 issued under 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 issued under 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; and

(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 1976⁹⁴³ (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 36.7(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

39.10

(1) This rule applies where—

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

(b) the bail is subject to a condition that that party provides a surety to guarantee that he will surrender to custody as required; but

(2) The Registrar must serve notice on—

(a) the surety; and

(b) the prosecutor,

of the hearing at which the court may order the forfeiture of the recognizance given by that surety.

(3) The court must not forfeit a surety’s recognizance—

(a) less than 5 business days after the Registrar serves notice under paragraph (2); and

(b) without giving the surety an opportunity to make representations at a hearing.

[Note. If the purpose for which a recognizance is entered is not fulfilled, that recognizance may be forfeited by the court. If the court forfeits a surety’s recognizance, the sum promised by that person is then payable to the Crown.]

Right to attend hearing

39.11

A party who is in custody has a right to attend a hearing in public unless—

(a) it is a hearing preliminary or incidental to an appeal, including the hearing of an application for permission to appeal;

(b) it is the hearing of an appeal and the court directs that—

(i) the appeal involves a question of law alone, and

(ii) for that reason the appellant has no permission to attend; or

(i) a verdict of not guilty by reason of insanity, or

(ii) a finding of disability.

[Note. See rule 36.6 (Hearings) and section 22 of the Criminal Appeal Act 1968⁹⁴⁴. There are corresponding provisions in the Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005⁹⁴⁵, the Serious Organised Crime and Police Act 2005 (Appeals under section 74) Order 2006⁹⁴⁶and the Serious Crime Act 2007 (Appeals under Section 24) Order 2008⁹⁴⁷. Under section 22 of the 1968 Act and corresponding provisions in those Orders, the court may direct that an appellant who is in custody is to attend a hearing by live link.]

Power to vary determination of appeal against sentence

39.12

(1) This rule applies where the court decides an appeal affecting sentence in a party’s absence.

(2) The court may vary such a decision if it did not take account of something relevant because that party was absent.

(3) A party who wants the court to vary such a decision must—

(a) apply in writing, with reasons; and

(b) serve the application on the Registrar not more than 5 business days after—

(i) the decision, if that party was represented at the appeal hearing, or

(ii) the Registrar serves the decision, if that party was not represented at that hearing.

[Note. Section 22(3) of the Criminal Appeal Act 1968 allows the court to sentence in an appellant’s absence. There are corresponding provisions in the Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005 and in the Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006.]

Directions about re-admission to hospital on dismissal of appeal

39.13

(1) This rule applies where—

(a) an appellant subject to—

(i) an order under section 37(1) of the Mental Health Act 1983⁹⁴⁸ (detention in hospital on conviction), or

(ii) an order under section 5(2) of the Criminal Procedure (Insanity) Act 1964⁹⁴⁹ (detention in hospital on finding of insanity or disability)

has been released on bail pending appeal; and

(b) the court—

(i) refuses permission to appeal,

(ii) dismisses the appeal, or

(iii) affirms the order under appeal.

(2) The court must give appropriate directions for the appellant’s—

(a) re-admission to hospital; and

(b) if necessary, temporary detention pending re-admission.

Renewal or setting aside of order for retrial

39.14

(1) This rule applies where—

(a) a prosecutor wants a defendant to be arraigned more than 2 months after the court ordered a retrial under section 7 of the Criminal Appeal Act 1968⁹⁵⁰; or

(b) a defendant wants such an order set aside after 2 months have passed since it was made.

(2) That party must apply in writing, with reasons, and serve the application on—

(a) the Registrar; and

(b) the other party.

[Note. Section 8(1) and (1A) of the Criminal Appeal Act 1968⁹⁵¹set out the criteria for making an order on an application to which this rule applies.]

PART 40 — APPEAL TO THE COURT OF APPEAL ABOUT REPORTING OR PUBLIC ACCESS RESTRICTION

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.