The Criminal Procedure (Amendment No. 2) Rules 2024

Amendments to the Criminal Procedure Rules

9.  In Part 34 (Appeal to the Crown Court), in rule 34.2 (Service of appeal and respondent’s notices)—

(a) for paragraph (1) substitute—

“(1) An appellant must serve an appeal notice—

(a) in every case, on the magistrates’ court officer;

(b) on the prosecutor, where the defendant is the appellant; and

(c) on the defendant, where the prosecutor is the appellant.”;

(b) after paragraph (5) insert—

“(6) Where the appeal is about the variation or discharge of a domestic abuse protection order, the magistrates’ court officer must serve the appeal notice on—

(a) the defendant, unless the defendant is the appellant;

(b) each relevant Chief Officer of Police who is not the appellant; and

(c) any other person if the court so directs.”; and

(c) at the end of the note to the rule insert—

“Section 47 of the Domestic Abuse Act 2021(1) lists those who are relevant Chief Officers of Police for the purposes of an appeal under section 46 of that Act.”.

(1)

2021 c. 17; section 47 comes into force on a date to be appointed.