The Criminal Procedure Rules 2015

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 2000(1), a magistrates’ court may defer passing sentence for up to 6 months.

Under section 39 of the Road Traffic Offenders Act 1988(2), a court which has made an order disqualifying a person from driving may suspend the disqualification pending appeal. Under section 40 of the 1988 Act(3), the appeal court may do so. See also rule 29.2.]

(1)

2000 c. 6.

(2)

1988 c. 53.

(3)

1988 c. 53; section 40 was amended by sections 40 and 59 of, and paragraph 50 of Schedule 9 and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c.4).