The Criminal Procedure Rules 2020

Service of appeal and respondent’s notices E+W

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 15 business days after—

(i) sentence [F1 the date sentence is deferred or the date of committal for sentence], 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; or

(c) the suspension of any disqualification imposed or order made 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 grant bail or suspend a disqualification or order pending appeal, an application must indicate by which court the appellant wants the application determined.

(5) Where the appeal is against conviction or against a finding of guilt, unless the respondent agrees that the court should allow the appeal—

(a) the respondent must serve a respondent’s notice on—

(i) the Crown Court officer; and

(ii) the appellant; and

(b) the respondent must serve that notice not more than 15 business days after service of the appeal notice.

[Note. Under [F2 sections 4 and 5 of the Sentencing Act 2020], a magistrates’ court may defer passing sentence for up to 6 months.

Under section 113 of the Magistrates’ Courts Act 1980(1), the magistrates’ court may grant an appellant bail pending appeal. Under section 81(1)(b) of the Senior Courts Act 1981(2), the Crown Court also may do so. See also rule 14.7.

Under section 39 of the Road Traffic Offenders Act 1988(3), 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(4), the appeal court may do so. See also rule 29.2.

Under section 129 of the Licensing Act 2003(5), a court which has made an order to forfeit or suspend a personal licence issued under that Act may suspend the order pending appeal. Under section 130 of the 2003 Act(6), the appeal court may do so.]

Textual Amendments

F1 Words in rule 34.2(2)(b)(i) substituted (4.10.2021) by The Criminal Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/849), rules 1, 11(b)(i)

F2 Words in rule 34.2 Note substituted (4.10.2021) by The Criminal Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/849), rules 1, 11(b)(ii)

Commencement Information

I1 Rule 34.2 in force at 5.10.2020, see Preamble

(1)

1980 c. 43; section 113 was amended by section 168 of, and paragraph 44 of Schedule 10 to, the Criminal Justice and Public Order Act 1994 (c. 33) and section 165 of, and paragraph 72 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

(2)

1981 c.54.

(3)

1988 c. 53.

(4)

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).

(5)

2003 c. 17.

(6)

2003 c. 17; section 130 was amended by sections 40 and 59 of, and paragraph 78 of Schedule 9 and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).