The Criminal Procedure Rules 2005

Notice of appeal

65.—(1) An application to the judge of the Crown Court for leave to appeal under section 9(11) of the Criminal Justice Act 1987(1) or section 35(1) of the Criminal Procedure and Investigations Act 1996(2) shall be made orally within two days of the making of the order or ruling to which it relates.

(2) Unless the application is made on the occasion of the order or ruling to which it relates, the appellant shall serve notice in writing thereof, specifying the grounds of the application, on the Crown Court officer and on all parties to the hearing directly affected by the order or ruling in question.

(3) The appellant shall no later than the day referred to in paragraph (4) serve notice of appeal from an order or ruling under section 9(11) of the 1987 Act or section 31(3) of the 1996 Act or, as the case may be, of an application to the Court of Appeal for leave to appeal from such a ruling on—

(a) the Registrar;

(b) the Crown Court officer; and

(c) all parties to the preparatory hearing directly affected by the said order or ruling.

(4) The day referred to is—

(a) the day which occurs seven days after the making of the order or ruling; or

(b) where an application is made to the judge of the Crown Court for leave to appeal under section 31(3) of the 1996 Act as in paragraph (1), the day which occurs 7 days after such application is determined or withdrawn.

(5) The time for giving notice under paragraph (3) may be extended, before or after it expires, by the Court of Appeal.

(6) A notice of appeal or of an application for leave to appeal, or an application to the Court of Appeal for an extension of time as referred to in paragraph (5), shall be in the form set out in the Practice Direction.

(7) If notice in writing of an application for leave to appeal was, under paragraph (2), served on the Crown Court, a copy thereof shall accompany the notice of appeal or, as the case may be, of an application for leave to appeal required under paragraph (3) to be served on the Registrar.

(8) Notice of appeal or of an application for leave to appeal may be given either in respect of the whole or any part of the order to which it relates and shall—

(a) specify any question of law in respect of which the appeal is brought and, where appropriate, such facts of the case as are necessary for its proper consideration;

(b) summarise the arguments intended to be put to the Court of Appeal; and

(c) specify any authorities intended to be cited.

(9) Where the judge of the Crown Court has given leave to appeal the notice of appeal shall state that fact and specify the grounds on which leave is given.

(10) Notice of appeal or of an application for leave to appeal shall be accompanied by any documents or other things (or copies thereof) necessary for the proper determination of the appeal or application.

[Note. Formerly rule 3 of the Criminal Justice Act 1987 (Preparatory Hearings) (Interlocutory Appeals) Rules 1988(3) and rule 3 of the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) (Interlocutory Appeals) Rules 1997(4).]

(1)

1987 c. 38; section 9(11) is amended by the Criminal Justice Act 2003 (c. 44), sections 45(1), (5) and 310(3) with effect from a date to be appointed.

(2)

1996 c. 25; section 35(1) is amended by the Criminal Justice Act 2003 (c. 44), sections 45(1) and (9), and section 31(3) by the Criminal Justice Act 2003 (c. 44), section 310(5), with effect from a date to be appointed.

(3)

S.I. 1988/1700, modified by S.I. 1991/2684.

(4)

S.I. 1997/1053, amended by S.I. 1999/598.