The Criminal Procedure Rules 2020

Notice of appeal E+W

42.11.—(1) Where an appellant wishes to apply to the Court of Appeal for permission to appeal under section 31 of the Proceeds of Crime Act 2002(1), the appellant must serve a notice of appeal in the form set out in the Practice Direction on—

(a) the Crown Court officer; F1 ...

(b) the defendant.

[F2 (c) the prosecutor, if the prosecutor is not the appellant; and

(d) any person who the appellant thinks is or may be someone—

(i) holding an interest in property in which the Crown Court determined the extent of the defendant’s interest under section 10A of the 2002 Act, and

(ii) who is neither the defendant nor the appellant.]

(2) [F3 When a notice of appeal is served on a respondent defendant, or other person under paragraph (1)(d), it must be accompanied by a respondent’s notice in the form set out in the Practice Direction for the respondent to complete and a notice which] —

(a) informs the [F4 respondent] that the result of an appeal could be that the Court of Appeal would increase a confiscation order already imposed, make a confiscation order itself or direct the Crown Court to hold another confiscation hearing;

(b) informs the [F5 respondent] of any right under article 6 of the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003(2) to be present at the hearing of the appeal, although in custody;

(c) invites the [F6 respondent] to serve any notice on the Registrar—

(i) to apply to the Court of Appeal for permission to be present at proceedings for which such permission is required under article 6 of the 2003 Order, or

(ii) to present any argument to the Court of Appeal on the hearing of the application or, if permission is given, the appeal, and whether the [F6 respondent] wishes to present it in person or by means of a legal representative;

(d) draws to the [F7 respondent’s] attention the effect of rule 42.4 (Supply of documentary and other exhibits); and

(e) advises the [F8 respondent] to consult a solicitor as soon as possible.

(3) The appellant must provide the Crown Court officer with a certificate of service stating that the appellant has served the notice of appeal on [F9 each respondent] or explaining why it has not been possible to do so.

[F10 (4) The Crown Court officer must, as soon as practicable—

(a) notify the Registrar of the service of the notice of appeal;

(b) make available to the Registrar—

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

(ii) details of the parties including their addresses, and

(iii) details of the court officer for the magistrates’ court responsible for enforcing any confiscation order which the Crown Court has made (the ‘enforcing court’).

(5) The Registrar must, as soon as practicable, notify the court officer for the enforcing court, if any, of the service of the notice of appeal.

(6) Where a person is entitled to receive a sum directed to be paid out of sums recovered under a confiscation order, the court officer for the enforcing court must, as soon as practicable, notify each such person of—

(a) the appeal,

(b) any suspension of that person’s entitlement pending appeal, and

(c) any power for the Court of Appeal to vary or set aside that person’s entitlement on appeal.

[Note. See section 13 of the Proceeds of Crime Act 2002 and sections 134 and 141 of the Sentencing Act 2020. See also rule 42.8 (Notice of determination and renewal of application for permission to appeal) and the note to that rule.]]

Textual Amendments

F1 Word in rule 42.11(1)(a) omitted (4.4.2022) by virtue of The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 11(b)(i)

F2 Rule 42.11(1)(c)(d) inserted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 11(b)(ii)

F3 Words in rule 42.11(2) substituted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 11(b)(iii)

F4 Word in rule 42.11(2)(a) substituted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 11(b)(iv)

F5 Word in rule 42.11(2)(b) substituted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 11(b)(iv)

F6 Word in rule 42.11(2)(c) substituted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 11(b)(iv)

F7 Word in rule 42.11(2)(d) substituted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 11(b)(iv)

F8 Word in rule 42.11(2)(e) substituted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 11(b)(iv)

F9 Words in rule 42.11(3) substituted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 11(b)(v)

F10 Rules 42.11(4)-(6) and Note inserted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 11(b)(vi)

Commencement Information

I1 Rule 42.11 in force at 5.10.2020, see Preamble

(1)

2002 c. 29; section 31 was amended by section 74 of, and paragraphs 1 and 16 of Schedule 8 to, the Serious Crime Act 2007 (c. 27) and section 3 of the Serious Crime Act 2015 (c. 9).

(2)

S.I. 2003/82.