The Criminal Procedure Rules 2020

Respondent’s notice E+W

41.4.—(1) A defendant on whom the Attorney General serves a notice of reference or an application for permission to refer a sentencing case may serve a respondent’s notice, and must do so if—

(a) the defendant wants to make representations to the court; or

(b) the court so directs.

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

(a) the Attorney General; and

(b) the Registrar.

(3) Such a defendant must serve the respondent’s notice—

(a) where the Attorney General refers a point of law, not more than 20 business days after—

(i) the Attorney serves the reference, or

(ii) a direction to do so; or

(b) where the Attorney General applies for permission to refer a sentencing case, not more than 10 business days after—

(i) the Attorney serves the application, or

(ii) a direction to do so.

(4) Where the Attorney General refers a point of law, the respondent’s notice must—

(a) give the date on which the respondent was served with the notice of reference;

(b) identify each ground of opposition on which the respondent relies, numbering them consecutively (if there is more than one), concisely outlining each argument in support and identifying the Attorney General’s ground or reason to which each relates;

(c) summarise any relevant facts not already summarised in the reference;

(d) identify any relevant authorities; and

(e) include or attach any application for the following, with reasons—

(i) an extension of time within which to serve the respondent’s notice,

(ii) permission to attend a hearing that the respondent does not have a right to attend, or

(iii) a direction to attend in person a hearing that the respondent could attend by live link, if the respondent is in custody.

(5) Where the Attorney General applies for permission to refer a sentencing case, the respondent’s notice must—

(a) give the date on which the respondent was served with the application;

(b) say if the respondent wants to make representations at the hearing of the application or reference; and

(c) include or attach any application for the following, with reasons—

(i) an extension of time within which to serve the respondent’s notice,

(ii) permission to attend a hearing that the respondent does not have a right to attend, or

(iii) a direction to attend in person a hearing that the respondent could attend by live link, if the respondent is in custody.

[F1 (6) A respondent’s notice must include or attach—

(a) an electronic link to each material document that has been made available to the Registrar under rule 36.8(1)(a) (Duty of Crown Court officer); and

[F2 (b) unless an authority identified under paragraph 4(d) is published by the Registrar as one frequently cited—

(i) an electronic copy of each authority so identified, or

(ii) if two or more such authorities not so published are identified then electronic copies of each together in a single electronic document.]]

Textual Amendments

F1 Rule 41.4(6) inserted (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(j), 25(b)

F2 Rule 41.4(6)(b) substituted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 18(b)

Commencement Information

I1 Rule 41.4 in force at 5.10.2020, see Preamble