- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Criminal Procedure Rules 2020, Section 34.3.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
34.3.—(1) The appeal notice 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;
(c)in an appeal against conviction or against a finding of guilt, to the best of the appellant’s ability and to assist the court in fulfilling its duty under rule 3.2 (the court’s duty of case management)—
(i)identify the witnesses who gave oral evidence in the magistrates’ court,
(ii)identify the witnesses who gave written evidence in the magistrates’ court,
(iii)identify the prosecution witnesses whom the appellant will want to question if they are called to give oral evidence in the Crown Court,
(iv)identify the likely defence witnesses,
(v)give notice of any special arrangements or other measures that the appellant thinks are needed for witnesses,
(vi)explain whether the issues in the Crown Court differ from the issues in the magistrates’ court, and if so how, and
(vii)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 sentence, order or failure to make an order—
(i)identify any circumstances, report or other information of which the appellant wants the court to take account, and
(ii)explain the significance of those circumstances or that information to what is in issue;
(e)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;
(f)say whether the appellant has asked the magistrates’ court to reconsider the case; and
(g)include a list of those on whom the appellant has served the appeal notice.
(2) A respondent’s notice must—
(a)give the date on which the respondent was served with the appeal notice; and
(b)to assist the court in fulfilling its duty under rule 3.2—
(i)identify the witnesses who gave oral evidence in the magistrates’ court,
(ii)identify the witnesses who gave written evidence in the magistrates’ court,
(iii)identify the prosecution witnesses whom the respondent intends to call to give oral evidence in the Crown Court,
(iv)give notice of any special arrangements or other measures that the respondent thinks are needed for witnesses,
(v)explain whether the issues in the Crown Court differ from the issues in the magistrates’ court, and if so how, and
(vi)say how long the trial lasted in the magistrates’ court and how long the appeal is likely to last in the Crown Court.
(3) Paragraph (4) applies in an appeal against conviction or against a finding of guilt where in the magistrates’ court a party to the appeal—
(a)introduced in evidence material to which applies—
(i)Part 16 (Written witness statements),
(ii)Part 19 (Expert evidence),
(iii)Part 20 (Hearsay evidence),
(iv)Part 21 (Evidence of bad character), or
(v)Part 22 (Evidence of a complainant’s previous sexual behaviour); or
(b)made an application to which applies—
(i)Part 17 (Witness summonses, warrants and orders),
(ii)Part 18 (Measures to assist a witness or defendant to give evidence), or
(iii)Part 23 (Restriction on cross-examination by a defendant).
(4) If such a party wants to reintroduce that material or to renew that application in the Crown Court that party must include a notice to that effect in the appeal or respondent’s notice, as the case may be.
[Note. F1...
In some cases, a magistrates’ court can reconsider a conviction, sentence or other order and make a fresh decision. See section 142 of the Magistrates’ Courts Act 1980(1).
See also rule 3.13 (Conduct of a trial or an appeal).]
Textual Amendments
F1Words in rule 34.3 Note omitted (2.10.2023) by virtue of The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rule 1, Sch. para. 30
Commencement Information
I1Rule 34.3 in force at 5.10.2020, see Preamble
1980 c. 43; section 142 was amended by sections 26 and 29 of, and Schedule 3 to, the Criminal Appeal Act 1995 (c. 35).
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: