The Criminal Procedure Rules 2020

Form of appeal notice E+W

38.4.—(1) An appeal notice must be in the form set out in 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;

(c) summarise the relevant facts;

(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 [F1 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);]

[F2 (h) include or attach—

(i) an electronic copy of any authority identified under paragraph (2)(d), or

(ii) if two or more such authorities are identified, electronic copies of each together in a single electronic document; and]

[F3 (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.]

Textual Amendments

F1 Words in rule 38.4(2)(g)(vi) substituted (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(g), 22(a)(i)

F2 Rule 38.4(2)(h) inserted (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(g), 22(a)(iii)

F3 Rule 38.4(2)(h) renumbered as rule 38.4(2)(i) (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(g), 22(a)(ii)

Commencement Information

I1 Rule 38.4 in force at 5.10.2020, see Preamble