The Criminal Procedure (Amendment) Rules 2008

Appeal to the Crown Court

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

When this Part applies

63.1.—(1) This Part applies where—

(a) a defendant wants to appeal under—

(i) section 108 of the Magistrates' Courts Act 1980(1),

(ii) section 45 of the Mental Health Act 1983(2),

(iii) paragraph 10 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000(3);

(b) the Criminal Cases Review Commission refers a defendant’s case to the Crown Court under section 11 of the Criminal Appeal Act 1995(4);

(c) a prosecutor wants to appeal under—

(i) section 14A(5A) of the Football Spectators Act 1989(5), or

(ii) section 147(3) of the Customs and Excise Management Act 1979(6); or

(d) a person wants to appeal under—

(i) section 1 of the Magistrates' Courts (Appeals from Binding Over Orders) Act 1956(7),

(ii) section 12(5) of the Contempt of Court Act 1981(8),

(iii) regulation 3C or 3H of the Costs in Criminal Cases (General) Regulations 1986(9), or

(iv) section 22 of the Football Spectators Act 1989(10).

(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 Supreme Court Act 1981(11). For the powers of the Crown Court on an appeal, see section 48 of that Act.

• A defendant may appeal from a magistrates' court to the Crown Court—

  (a)

  under section 108 of the Magistrates' Courts Act 1980, against sentence after a guilty plea and after a not guilty plea against conviction, against a finding of guilt or against sentence;

  (b)

  under section 45 of the Mental Health Act 1983, where the magistrates' court makes a hospital order or guardianship order without convicting the defendant;

  (c)

  under paragraph 10 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000, where the magistrates' court revokes a community order and deals with the defendant in another way.

• See section 13 of the Criminal Appeal Act 1995(12) for the circumstances in which the Criminal Cases Review Commission may refer a conviction or sentence to the Crown Court.

• Under section 14A(5A) of the Football Spectators Act 1989, a prosecutor may appeal to the Crown Court against a failure by a magistrates' court to make a football banning order.

• Under section 147(3) of the Customs and Excise Management Act 1979, a prosecutor may appeal to the Crown Court against any decision of a magistrates' court in proceedings for an offence under any Act relating to customs or excise.

• Under section 1 of the Magistrates' Courts (Appeals from Binding Over Orders) Act 1956, a person bound over to keep the peace or be of good behaviour by a magistrates' court may appeal to the Crown Court.

• Under section 12(5) of the Contempt of Court Act 1981, a person detained, committed to custody or fined by a magistrates' court for insulting a member of the court or another participant in the case, or for interrupting the proceedings, may appeal to the Crown Court.

• Under regulation 3C of the Costs in Criminal Cases (General) Regulations 1986, a legal representative against whom a magistrates' court makes a wasted costs order under section 19A of the Prosecution of Offences Act 1985 and regulation 3B may appeal against that order to the Crown Court.

• Under regulation 3H of the Costs in Criminal Cases (General) Regulations 1986, a third party against whom a magistrates' court makes a costs order under section 19B of the Prosecution of Offences Act 1985 and regulation 3F may appeal against that order to the Crown Court.

• Under section 22 of the Football Spectators Act 1989, any person aggrieved by the decision of a magistrates' court making a football banning order may appeal to the Crown Court.]

Service of appeal notice

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

(a) the magistrates' court officer; and

(b) every other party.

(2) The appellant must serve the appeal notice—

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

(b) not more than 21 days after—

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

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

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

(3) The appellant must—

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

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

• [Note. Under section 1(1) of the Powers of Criminal Courts (Sentencing) Act 2000(13), a magistrates' court may defer passing sentence for up to 6 months.]

Form of appeal notice

63.3.  The appeal notice must be in writing and must—

(a) specify—

(i) the conviction or finding of guilt,

(ii) the sentence, or

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

about which the appellant wants to appeal;

(b) summarise the issues;

(c) in an appeal against conviction—

(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.

• 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(14).

• See also rule 3.10 (conduct of a trial or an appeal).]

Duty of magistrates' court officer

63.4.  The magistrates' court officer must—

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

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

(ii) details of the parties including their addresses,

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

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

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

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

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

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

Duty of person keeping exhibit

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

(a) keep that exhibit until—

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

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

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

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

Reference by the Criminal Cases Review Commission

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

(a) the appellant;

(b) every other party; and

(c) the magistrates' court officer.

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

(a) the Crown Court officer; and

(b) every other party,

not more than 21 days later.

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

Hearings and decisions

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

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

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

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

(a) the parties;

(b) any party’s custodian; and

(c) any other person whom the Crown Court requires to be notified.

(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

(c) the magistrates' court officer and any party’s custodian, where the decision determines an appeal.

(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 25 (Applications for Public Interest Immunity and specific disclosure).]

Abandoning an appeal

63.8.—(1) The appellant—

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

(i) the magistrates' court officer,

(ii) the Crown Court officer, and

(iii) every other party

before the hearing of the appeal begins; but

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

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

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

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

(b) any conditions of bail apply until then.

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

• 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 Supreme Court Act 1981(15) and section 109 of the Magistrates' Courts Act 1980(16). Part 78 contains rules about costs on abandoning an appeal.]

Court’s power to vary requirements under this Part

63.9.  The Crown Court may—

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

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

(c) direct that an appeal notice be served on any person;

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

Constitution of the Crown Court

63.10.  On the hearing of an appeal—

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

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

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

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

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

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

(c) the Crown Court may include only one justice of the peace and need not include both a man and a woman 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.

• [Note. See sections 73(17) and 74(18) of the Supreme Court Act 1981, section 45 of the Children and Young Persons Act 1933(19) and section 9 of the Courts Act 2003(20).]”

(1)

1980 c. 43; section 108 was amended by sections 66(2) and 78 of, and Schedule 16 to, the Criminal Justice Act 1982 (c. 48), section 23(3) of the Football Spectators Act 1989 (c. 37), section 101(2) of, and Schedule 13 to, the Criminal Justice Act 1991 (c. 53), sections 119 and 120(2) of, and paragraph 43 of Schedule 8 and Schedule 10 to, the Crime and Disorder Act 1998 (c. 37), section 7(2) of the Football (Offences and Disorder) Act 1999 (c. 21), section 165(1) of, and paragraph 71 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 1 of, and Schedule 3 to, the Football (Disorder) Act 2000 (c. 25), section 58(1) of, and paragraph 10 of Schedule 10 to, the Domestic Violence, Crime and Victims Act 2004 (c. 28), section 52(2) of, and paragraph 14 of Schedule 3 to, the Violent Crime Reduction Act 2006 (c. 38) and section 64 of, and paragraph 10 of Schedule 3 to, the Animal Welfare Act 2006 (c. 45).

(2)

1983 c. 20.

(3)

2000 c. 6.

(4)

1995 c. 35.

(5)

1989 c. 37; section 14A(5A) was inserted by section 52 of, and paragraphs 1 and 3 of Schedule 3 to, the Violent Crime Reduction Act 2006 (c. 38).

(6)

1979 c. 2.

(7)

1956 c. 44; section 1 was amended by section 103(2) of, and Part 1 of Schedule 7 to, the Criminal Justice Act 1967 (c. 80), section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23) and section 154 of, and Schedule 9 to, the Magistrates' Courts Act 1980 (c. 43).

(8)

1981 c. 49; section 12(5) was amended by section 165(1) of, and paragraph 83 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

(9)

SI 1986/1335; regulation 3C was inserted by regulation 2 of the Costs in Criminal Cases (General) (Amendment) Regulations 1991 (SI 1991/789) and amended by regulation 5 of the Costs in Criminal Cases (General) (Amendment) Regulations 2004 (SI 2004/2408). Regulation 3H was inserted by regulation 7 of the Costs in Criminal Cases (General) (Amendment) Regulations 2004 (SI 2004/2408).

(10)

1989 c. 37; section 22 was amended by section 5 of the Football (Offences and Disorder) Act 1999 (c. 21), section 1 of, and paragraphs 9—11 and 17 of Schedule 2 to, the Football (Disorder) Act 2000 (c. 25) and section 109(1) and (3) of, and paragraph 335 of Schedule 8, and Schedule 10 to, the Courts Act 2003 (c. 39).

(11)

1981 c. 54.

(12)

1995 c. 35; section 13 was amended by section 321 of, and paragraph 3 of Schedule 11 to, the Armed Forces Act 2006 (c. 52).

(13)

2000 c. 6.

(14)

1980 c. 43; section 142 was amended by sections 26 and 29 of, and Schedule 3 to, the Criminal Appeal Act 1995 (c. 35).

(15)

1981 c. 54; section 52 was amended by section 31(5) of, and Part II of Schedule 1 to, the Prosecution of Offences Act 1985 (c. 23), section 4 of the Courts and Legal Services Act 1990 (c. 41), article 3 of, and paragraphs 11 and 12 of the Schedule to, the Courts Act 2003 (Consequential Amendments) Order 2004 (SI 2004/2035), and it is to be amended by section 59(5) of, and paragraph 26(1) and (2) of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4), from a date to be appointed.

(16)

1980 c. 43; section 109(2) was amended by section 109(1) of, and paragraph 234 of Schedule 8 to, the Courts Act 2003 (c. 39).

(17)

1981 c. 54; section 73(2) was amended by article 3 of, and paragraphs 11 and 12(b) of the Schedule to, the Courts Act 2003 (Consequential Amendments) Order 2004 (SI 2004/2035).

(18)

1981 c. 54; section 74 was amended by sections 79 and 106 of, and Table (4) of Part V of Schedule 15 to, the Access to Justice Act 1999 (c. 22), article 3 of, and paragraphs 11 and 12(c) of the Schedule to, the Courts Act 2003 (Consequential Amendments) Order 2004 (SI 2004/2035) and section 15 of, and paragraphs 114 and 133 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4).

(19)

1933 c. 12; section 45 was substituted by section 50 of the Courts Act 2003 (c. 39) and amended by section 15 of, and paragraph 20 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4).

(20)

2003 c. 39.