2007 No. 2317 (L. 23)
The Criminal Procedure (Amendment No. 2) Rules 2007
Made
Laid before Parliament
Coming into force
The Criminal Procedure Rule Committee makes the following Rules under section 69 of the Courts Act 20031, after consulting in accordance with section 72(1)(a) of that Act:
Citation, commencement and interpretation
1
These Rules may be cited as the Criminal Procedure (Amendment No. 2) Rules 2007 and shall come into force on 1st October 2007.
2
In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Criminal Procedure Rules 20052.
Amendments to the Criminal Procedure Rules 2005
3
After rule 2.1(6) (When the rules apply), insert—
7
The rules in Parts 65, 66, 67, 68, 69 and 70 apply where an appeal, application or reference, to which one of those Parts applies, is made on or after 1st October 2007. In other cases the rules replaced by those rules apply.
4
In rule 2.2(1) (Definitions)—
a
at the appropriate place, insert—
i
““business day” means any day except Saturday, Sunday, Christmas Day, Boxing Day, Good Friday, Easter Monday or a bank holiday;”;
ii
““live link” means an arrangement by which a person can see and hear, and be seen and heard by, the court when that person is not in court;”; and
iii
““public interest ruling” means a ruling about whether it is in the public interest to disclose prosecution material under sections 3(6), 7A(8) or 8(5) of the Criminal Procedure and Investigations Act 19963.”;
b
at the end of the definition of “court officer”, omit “and”; and
c
at the end of the definition of “Practice Direction”, for “.”, substitute “; and”.
5
In Part 13 (Dismissal of charges transferred or sent to the Crown Court), in the table of contents—
a
in the first column, omit “Service of documents”; and
b
in the second column, omit “rule 13.6”.
6
In Part 15 (Preparatory hearings in case of serious fraud and other complex or lengthy cases in the Crown Court), in the table of contents—
a
in the first column, omit “Service”; and
b
in the second column, omit “rule 15.6”.
7
In Part 34 (Hearsay evidence), in the table of contents—
a
in the first column, omit “Methods of giving notice”; and
b
in the second column, omit “rule 34.6”.
8
In Part 35 (Evidence of bad character), in the table of contents—
a
in the first column, omit “Methods of giving notice”; and
b
in the second column, omit “rule 35.7”.
9
In Part 37 (Summary trial)—
a
in the table of contents, in the second column—
i
for “rule 37.6”, substitute “rule 37.7”, and
ii
for “rule 37.7”, substitute “rule 37.8”;
b
in the table of contents—
i
in the first column, insert in the appropriate place “Application to change a plea of guilty”, and
ii
in the second column, insert in the appropriate place “rule 37.6”;
c
after rule 37.5 (Notice of intention to cite previous convictions), insert—
Application to change a plea of guilty37.6
1
The defendant must apply as soon as practicable after becoming aware of the grounds for making an application to change a plea of guilty, and may only do so before the final disposal of the case, by sentence or otherwise.
2
Unless the court otherwise directs, the application must be in writing and it must—
a
set out the reasons why it would be unjust for the guilty plea to remain unchanged;
b
indicate what, if any, evidence the defendant wishes to call;
c
identify any proposed witness; and
d
indicate whether legal professional privilege is waived, specifying any material name and date.
3
The defendant must serve the written application on—
a
the court officer; and
b
the prosecutor.
d
Renumber rule 37.6 (Preservation of depositions where offence triable either way is dealt with summarily) as rule 37.7; and
e
Renumber rule 37.7 (Order of evidence and speeches: complaint) as rule 37.8.
10
In Part 39 (Trial on indictment)—
a
In the table of contents—
i
at the end of the first column, insert “Application to change a plea of guilty”, and
ii
at the end of the second column, insert “rule 39.3”;
b
In the note after rule 39.1 (Time limits for beginning of trials), omit “For time limits for the listing of plea and directions hearings see direction IV.42 in the Practice Direction.”; and
c
after rule 39.2 (Appeal against refusal to excuse from jury service or to defer attendance), insert—
Application to change a plea of guilty39.3
1
The defendant must apply as soon as practicable after becoming aware of the grounds for making an application to change a plea of guilty, and may only do so before the final disposal of the case, by sentence or otherwise.
2
Unless the court otherwise directs, the application must be in writing and it must—
a
set out the reasons why it would be unjust for the guilty plea to remain unchanged;
b
indicate what, if any, evidence the defendant wishes to call;
c
identify any proposed witness; and
d
indicate whether legal professional privilege is waived, specifying any material name and date.
3
The defendant must serve the written application on—
a
the court officer; and
b
the prosecutor.
11
In Part 41 (Retrial following acquittal for serious offence), in the table of contents—
a
in the first column, omit “Service”; and
b
in the second column, omit “rule 41.17”.
12
In Part 52 (Enforcement of fines), in the table of contents—
a
in the first column, omit “Notice of date of magistrates' court means enquiry”; and
b
in the second column, omit “rule 52.5”.
13
In Part 55 (Road traffic penalties), in the table of contents—
a
in the first column, omit “Notice of registration to defaulter under section 71(6) of the Road Traffic Offenders Act 19884”; and
b
in the second column omit “rule 55.4”.
14
In the heading to Part 63 (Appeal to the Crown Court against conviction or sentence), omit “against conviction or sentence”.
15
In rule 63.1 (Application of this Part)—
a
for “and”, substitute “,”; and
b
after “supervision order)”, insert “and section 14A(5A) of the Football Spectators Act 19895 (failure to make football banning order)”.
16
In the note after rule 63.1, for “Formerly”, substitute “This rule derives in part from”.
17
In rule 63.2(3) (Notice of appeal), for “day on which the decision appealed against is given”, substitute “making of, or failure to make, the decision appealed against”.
18
In the note after rule 63.2, for “Formerly”, substitute “This rule derives in part from”.
19
In rule 63.3(2) (Documents to be sent to Crown Court), for “and of the last known or usual place of abode”, substitute “or proceedings, and details of the last known addresses”.
20
In rule 63.3(3), omit “for the court from whose decision the appeal is brought”.
21
In the note after rule 63.3, for “Formerly”, substitute “This rule derives in part from”.
22
In rule 63.8(1) (Number and qualification of justices – dispensation for special circumstances), for “constituted without unreasonable delay and the Court includes one justice who is a member of a youth court panel.”, substitute
so constituted without unreasonable delay and the Court includes—
- a
in the case of the hearing of an appeal from a youth court, one justice who is a member of a youth court panel; or
- b
in any other case, one justice.
23
In the note after rule 63.8, for “Formerly”, substitute “This rule derives in part from”.
24
In rule 63.9 (Disqualifications), for “he”, substitute “that justice”.
25
In the note after rule 63.9, for “Formerly”, substitute “This rule derives in part from”.
26
In Part 64 (Appeal to the High Court by way of case stated), in the table of contents—
a
in the first column, omit “Service of documents on application to magistrates' court”; and
b
in the second column, omit “rule 64.5”.
27
For Part 65 (Appeal to the Court of Appeal against ruling in preparatory hearing), substitute the Part as set out in Schedule 1 to these Rules.
28
For Part 66 (Appeal to the Court of Appeal against ruling adverse to prosecution), substitute the Part as set out in Schedule 2 to these Rules.
29
For Part 67 (Appeal to the Court of Appeal against order restricting reporting or public access), substitute the Part as set out in Schedule 3 to these Rules.
30
For Part 68 (Appeal to the Court of Appeal against conviction, sentence or sentence review decision), substitute the Part as set out in Schedule 4 to these Rules.
31
For Part 69 (Reference to the Court of Appeal of point of law), substitute the Part as set out in Schedule 5 to these Rules.
32
For Part 70 (Reference to the Court of Appeal of unduly lenient sentence), substitute the Part as set out in Schedule 6 to these Rules.
33
In Part 71 (Appeal to the Court of Appeal under the Proceeds of Crime Act 20026 – general rules), in the table of contents—
a
in the first column, omit “Service of documents”; and
b
in the second column, omit “rule 71.11”.
34
In the heading to Part 74 (Appeal to the House of Lords), after “Appeal”, insert “or reference”.
35
In Part 74 (Appeal to the House of Lords)—
a
in the table of contents, in the first column, after “appeal”, insert “or to refer a case”;
b
in the heading to rule 74(1) (Application for leave to appeal from the Criminal Division of the Court of Appeal to the House of Lords), after “leave to appeal”, insert “or to refer a case”;
c
d
in rule 74.1(1)—
i
after “from which an appeal”, insert “or reference”, and
ii
after “Registrar”, insert—
- i
within 7 business days of the reasons for the court’s decision, where the appeal to the court concerned a decision under Part 9 of the Criminal Justice Act 20039; or
- ii
within 14 days of the court’s opinion, where a reference to the court was made under section 36(3) of the Criminal Justice Act 1972.
36
In the note after rule 74.1, for “Formerly”, substitute “This rule derives in part from”.
I allow these Rules, which shall come into force on 1st October, 2007.
SCHEDULE 1
Part 65Appeal to the Court of Appeal: general rules
Contents of this Part
When this Part applies
rule 65.1
Case management in the Court of Appeal
rule 65.2
Power to vary requirements
rule 65.3
Application for extension of time
rule 65.4
Renewing an application refused by a judge or the Registrar
rule 65.5
Hearings
rule 65.6
Notice of hearings and decisions
rule 65.7
Duty of Crown Court officer
rule 65.8
Duty of person transcribing proceedings in the Crown Court
rule 65.9
Duty of person keeping exhibit
rule 65.10
Registrar’s duty to provide copy documents for appeal or reference
rule 65.11
Declaration of incompatibility with a Convention right
rule 65.12
Abandoning an appeal
rule 65.13
Abandoning a ground of appeal or opposition
rule 65.14
When this Part applies65.1
1
This Part applies to all the appeals and references to the Court of Appeal to which Parts 66, 67, 68, 69 and 70 apply.
2
In this Part and in those, unless the context makes it clear that something different is meant—
“court” means the Court of Appeal or any judge of that court;
“Registrar” means the Registrar of Criminal Appeals or a court officer acting with the Registrar’s authority.
[Note. See rule 2.2 for the usual meaning of ‘court’.
Under section 53 of the Supreme Court Act 198110 the criminal division of the Court of Appeal exercises jurisdiction in the appeals and references to which Parts 66, 67, 68, 69 and 70 apply. Under section 55 of that Act11 the Court of Appeal must include at least two judges, and for some purposes at least three. For the powers of the Court of Appeal that may be exercised by one judge of that court or by the Registrar, see sections 3112, 31A13, 31B14 and 31C15 of the Criminal Appeal Act 1968; section 49 of the Criminal Justice Act 200316; the Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 200517; the Serious Organised Crime and Police Act 2005 (Appeals under section 74) Order 200618; and the power conferred by section 53(4) of the 1981 Act.]
Case management in the Court of Appeal65.2
1
The court and the parties have the same duties and powers as under Part 3 (case management).
2
The Registrar—
a
must fulfil the duty of active case management under rule 3.2; and
b
in fulfilling that duty may exercise any of the powers of case management under—
i
rule 3.5 (the court’s general powers of case management),
ii
rule 3.9(3) (requiring a certificate of readiness), and
iii
rule 3.10 (requiring a party to identify intentions and anticipated requirements)
subject to the directions of the court.
3
The Registrar must nominate a case progression officer under rule 3.4.
Power to vary requirements65.3
The court or the Registrar may—
a
shorten a time limit or extend it (even after it has expired) unless that is inconsistent with other legislation;
b
allow a party to vary any notice that that party has served;
c
direct that a notice or application be served on any person;
d
allow a notice or application to be in a different form, or presented orally.
[Note. The time limit for serving an appeal notice (a) under section 18 of the Criminal Appeal Act 1968 on an appeal against conviction or sentence and (b) under section 18A of that Act19 on an appeal against a finding of contempt of court, may be extended but not shortened: see rule 68.2. The time limit for serving an application for permission to refer a sentencing case under section 36 of the Criminal Justice Act 198820 may be neither extended nor shortened: see rule 70.2(2).]
Application for extension of time65.4
A person who wants an extension of time within which to serve a notice or make an application must—
a
apply for that extension of time when serving that notice or making that application; and
b
give the reasons for the application for an extension of time.
Renewing an application refused by a judge or the Registrar65.5
1
This rule applies where a party wants to renew—
a
to a judge of the Court of Appeal an application refused by the Registrar; or
b
to the Court of Appeal an application refused by a judge of that court.
2
That party must—
a
renew the application in the form set out in the Practice Direction, signed by or on behalf of the applicant;
b
serve the renewed application on the Registrar not more than 14 days after—
i
the refusal of the application that the applicant wants to renew; or
ii
the Registrar serves that refusal on the applicant, if the applicant was not present in person or by live link when the original application was refused.
[Note. The time limit of 14 days under this rule is reduced to 5 days where Parts 66, 67 or 69 apply: see rules 66.7, 67.10 and 69.7.
For the right to renew an application to a judge or to the Court of Appeal, see sections 31(3) and 31C of the Criminal Appeal Act 1968.
If an applicant does not renew an application that a judge has refused, including an application for permission to appeal, the Registrar will treat it as if it had been refused by the Court of Appeal.
Under section 22 of the Criminal Appeal Act 196821 the Court of Appeal may direct that an appellant who is in custody is to attend a hearing by live link.]
Hearings65.6
1
The general rule is that the Court of Appeal must hear in public—
a
an application, including an application for permission to appeal; and
b
an appeal or reference,
but it may order any hearing to be in private.
2
Where a hearing is about a public interest ruling that hearing must be in private unless the court otherwise directs.
3
Where the appellant wants to appeal against an order restricting public access to a trial the court must decide without a hearing—
a
an application, including an application for permission to appeal; and
b
an appeal.
4
A judge of the Court of Appeal and the Registrar may exercise any of their powers—
a
at a hearing in public or in private; or
b
without a hearing.
[Note. For the procedure on an appeal against an order restricting public access to a trial, see Part 69.]
Notice of hearings and decisions65.7
1
The Registrar must give as much notice as reasonably practicable of every hearing to—
a
the parties;
b
any party’s custodian;
c
any other person whom the court requires to be notified; and
d
the Crown Court officer, where Parts 66, 67 or 69 apply.
2
The Registrar must serve every decision on—
a
the parties;
b
any other person whom the court requires to be served; and
c
the Crown Court officer and any party’s custodian, where the decision determines an appeal or application for permission to appeal.
3
But where a hearing or decision is about a public interest ruling, the Registrar must not—
a
give notice of that hearing to; or
b
serve that decision on,
anyone other than the prosecutor who applied for that ruling, unless the court otherwise directs.
Duty of Crown Court officer65.8
1
The Crown Court officer must provide the Registrar with any document, object or information for which the Registrar asks within such period as the Registrar may require.
2
Unless the Crown Court otherwise directs, where someone may appeal to the Court of Appeal the Crown Court officer must—
a
arrange for the recording of the proceedings in the Crown Court;
b
arrange for the transcription of such a recording if—
i
the Registrar wants such a transcript, or
ii
anyone else wants such a transcript (but that is subject to the restrictions in rule 65.9(2)); and
c
arrange for any document or object exhibited in the proceedings in the Crown Court to be kept there, or kept by some other appropriate person, until 6 weeks after the conclusion of those proceedings.
3
Where Part 66 applies (appeal to the Court of Appeal against ruling at preparatory hearing), the Crown Court officer must as soon as practicable serve on the appellant a transcript or note of—
a
each order or ruling against which the appellant wants to appeal; and
b
the decision by the Crown Court judge on any application for permission to appeal.
4
Where Part 67 applies (appeal to the Court of Appeal against ruling adverse to prosecution), the Crown Court officer must as soon as practicable serve on the appellant a transcript or note of—
a
each ruling against which the appellant wants to appeal;
b
the decision by the Crown Court judge on any application for permission to appeal; and
c
the decision by the Crown Court judge on any request to expedite the appeal.
5
Where Part 68 applies (appeal to the Court of Appeal about conviction or sentence), the Crown Court officer must as soon as practicable serve on the Registrar—
a
the appeal notice and any accompanying application that the appellant serves on the Crown Court officer;
b
any Crown Court judge’s certificate that the case is fit for appeal;
c
the decision on any application at the Crown Court centre for bail pending appeal;
d
such of the Crown Court case papers as the Registrar requires; and
e
such transcript of the Crown Court proceedings as the Registrar requires.
6
Where Part 69 applies (appeal to the Court of Appeal regarding reporting or public access) and an order is made restricting public access to a trial, the Crown Court officer must—
a
immediately notify the Registrar of that order, if the appellant has given advance notice of intention to appeal; and
b
as soon as practicable provide the applicant for that order with a transcript or note of the application.
[Note. See also rules 65.9 (duty of person transcribing record of proceedings in the Crown Court) and 65.10 (duty of person keeping exhibit).]
Duty of person transcribing proceedings in the Crown Court65.9
1
A person who transcribes a recording of proceedings in the Crown Court under arrangements made by the Crown Court officer must provide the Registrar with any transcript for which the Registrar asks within such period as the Registrar may require.
2
Unless the Crown Court otherwise directs, such a person—
a
must not provide anyone else with a transcript of a public interest ruling or of an application for such a ruling;
b
subject to that, must provide anyone else with any transcript for which that person asks—
i
in accordance with the transcription arrangements made by the Crown Court officer, and
ii
on payment by that person of any charge fixed by the Treasury.
[Note. Section 32 of the Criminal Appeal Act 1968 deals with the recording of proceedings in the Crown Court, the transcription of such a recording and the charge for providing such a transcript. See also rule 65.8(2) (duty of Crown Court officer).]
Duty of person keeping exhibit65.10
A person who under arrangements made by the Crown Court officer keeps a document or object exhibited in the proceedings in the Crown Court must—
a
keep that exhibit until—
i
6 weeks after the conclusion of the Crown Court proceedings, or
ii
the conclusion of any proceedings in the Court of Appeal that begin within that 6 weeks,
unless the court, the Registrar or the Crown Court otherwise directs; and
b
provide the Registrar with any such document or object for which the Registrar asks within such period as the Registrar may require.
[Note. See also rule 65.8(2) (duty of Crown Court officer).]
Registrar’s duty to provide copy documents for appeal or reference65.11
Unless the court otherwise directs, for the purposes of an appeal or reference—
a
the Registrar must—
i
provide a party with a copy of any document or transcript held by the Registrar for such purposes, or
ii
allow a party to inspect such a document or transcript on payment by that party of any charge fixed by the Treasury; but
b
the Registrar must not provide a copy or allow the inspection of—
i
a document provided only for the court and the Registrar, or
ii
a transcript of a public interest ruling or of an application for such a ruling.
[Note. Section 21 of the Criminal Appeal Act 1968 requires the Registrar to collect, prepare and provide documents needed by the court.]
Declaration of incompatibility with a Convention right65.12
1
This rule applies where a party—
a
wants the court to make a declaration of incompatibility with a Convention right under section 4 of the Human Rights Act 199822; or
b
raises an issue that the Registrar thinks may lead the court to make such a declaration.
2
The Registrar must serve notice on—
a
the relevant person named in the list published under section 17(1) of the Crown Proceedings Act 194723; or
b
the Treasury Solicitor, if it is not clear who is the relevant person.
3
That notice must include or attach details of—
a
the legislation affected and the Convention right concerned;
b
the parties to the appeal; and
c
any other information or document that the Registrar thinks relevant.
4
A person who has a right under the 1998 Act to become a party to the appeal must—
a
serve notice on—
i
the Registrar, and
ii
the other parties,
if that person wants to exercise that right; and
b
in that notice—
i
indicate the conclusion that that person invites the court to reach on the question of incompatibility, and
ii
identify each ground for that invitation, concisely outlining the arguments in support.
5
The court must not make a declaration of incompatibility—
a
less than 21 days after the Registrar serves notice under paragraph (2); and
b
without giving any person who serves a notice under paragraph (4) an opportunity to make representations at a hearing.
Abandoning an appeal65.13
1
This rule applies where an appellant wants to—
a
abandon—
i
an application to the court for permission to appeal, or
ii
an appeal; or
b
reinstate such an application or appeal after abandoning it.
2
The appellant—
a
may abandon such an application or appeal without the court’s permission by serving a notice of abandonment on—
i
the Registrar, and
ii
any respondent
before any hearing of the application or appeal; but
b
at any such hearing, may only abandon that application or appeal with the court’s permission.
3
A notice of abandonment must be in the form set out in the Practice Direction, signed by or on behalf of the appellant.
4
On receiving a notice of abandonment the Registrar must—
a
date it;
b
serve a dated copy on—
i
the appellant,
ii
the appellant’s custodian, if any,
iii
the Crown Court officer, and
iv
any other person on whom the appellant or the Registrar served the appeal notice; and
c
treat the application or appeal as if it had been refused or dismissed by the Court of Appeal.
5
An appellant who wants to reinstate an application or appeal after abandoning it must—
a
apply in writing, with reasons; and
b
serve the application on the Registrar.
[Note. The Court of Appeal has power only in exceptional circumstances to allow an appellant to reinstate an application or appeal that has been abandoned.]
Abandoning a ground of appeal or opposition65.14
1
This rule applies where a party wants to abandon—
a
a ground of appeal identified in an appeal notice; or
b
a ground of opposition identified in a respondent’s notice.
2
Such a party must give written notice to—
a
the Registrar; and
b
every other party,
before any hearing at which that ground will be considered by the court.
SCHEDULE 2
Part 66Appeal to the Court of Appeal against ruling at preparatory hearing
Contents of this Part
When this Part applies
rule 66.1
Service of appeal notice
rule 66.2
Form of appeal notice
rule 66.3
Crown Court judge’s permission to appeal
rule 66.4
Respondent’s notice
rule 66.5
Powers of Court of Appeal judge
rule 66.6
Renewing applications
rule 66.7
Right to attend hearing
rule 66.8
When this Part applies66.1
1
This Part applies where a party wants to appeal under—
a
b
section 47(1) of the Criminal Justice Act 200326.
2
A reference to an ‘appellant’ in this Part is a reference to such a party.
[Note. Under section 9(11) of the Criminal Justice Act 1987 (which applies to serious or complex fraud cases) and under section 35(1) of the Criminal Procedure and Investigations Act 1996 (which applies to other complex, serious or long cases) a party may appeal to the Court of Appeal against an order made at a preparatory hearing in the Crown Court.
Under section 47(1) of the Criminal Justice Act 2003 a party may appeal to the Court of Appeal against an order in the Crown Court that because of jury tampering a trial will continue without a jury or that there will be a new trial without a jury.
Part 15 contains rules about preparatory hearings.
The rules in Part 65 also apply where this Part applies.]
Service of appeal notice66.2
1
An appellant must serve an appeal notice on—
a
the Crown Court officer;
b
the Registrar; and
c
every party directly affected by the order or ruling against which the appellant wants to appeal.
2
The appellant must serve the appeal notice not more than 5 business days after—
a
the order or ruling against which the appellant wants to appeal; or
b
the Crown Court judge gives or refuses permission to appeal.
Form of appeal notice66.3
1
An appeal notice must be in the form set out in the Practice Direction.
2
The appeal notice must—
a
specify each order or 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
a direction to attend in person a hearing that the appellant could attend by live link, if the appellant is in custody;
f
include a list of those on whom the appellant has served the appeal notice; and
g
attach—
i
a transcript or note of each order or 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, and
v
any other document or thing that the appellant thinks the court will need to decide the appeal.
[Note. An appellant needs the court’s permission to appeal in every case to which this Part applies unless the Crown Court judge gives permission.]
Crown Court judge’s permission to appeal66.4
1
An appellant who wants the Crown Court judge to give permission to appeal must—
a
apply orally, with reasons, immediately after the order or ruling against which the appellant wants to appeal; or
b
apply in writing and serve the application on—
i
the Crown Court officer, and
ii
every party directly affected by the order or ruling
not more than 2 business days after that order or ruling.
2
A written application must include the same information (with the necessary adaptations) as an appeal notice.
[Note. For the Crown Court judge’s power to give permission to appeal, see section 9(11) of the Criminal Justice Act 1987, section 35(1) of the Criminal Procedure and Investigations Act 1996 and section 47(2) of the Criminal Justice Act 2003.]
Respondent’s notice66.5
1
A party on whom an appellant serves an appeal notice may serve a respondent’s notice, and must do so if—
a
that party wants to make representations to the court; or
b
the court so directs.
2
Such a party must serve the respondent’s notice on—
a
the appellant;
b
the Crown Court officer;
c
the Registrar; and
d
any other party on whom the appellant served the appeal notice.
3
Such a party must serve the respondent’s notice not more than 5 business days after—
a
the appellant serves the appeal notice; or
b
a direction to do so.
4
The respondent’s notice must be in the form set out in the Practice Direction.
5
The respondent’s notice must—
a
give the date on which the respondent was served with the appeal notice;
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 ground of appeal to which each relates;
c
summarise any relevant facts not already summarised in the appeal notice;
d
identify any relevant authorities;
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
a direction to attend in person any hearing that the respondent could attend by live link, if the respondent is in custody;
f
identify any other document or thing that the respondent thinks the court will need to decide the appeal.
Powers of Court of Appeal judge66.6
Renewing applications66.7
Rule 65.5 (renewing an application refused by a judge or the Registrar) applies with a time limit of 5 business days.
Right to attend hearing66.8
1
A party who is in custody has a right to attend a hearing in public.
2
The court or the Registrar may direct that such a party is to attend a hearing by live link.
[Note. See rule 65.6 (hearings).]
SCHEDULE 3
Part 67Appeal to the Court of Appeal against ruling adverse to prosecution
Contents of this Part
When this Part applies
rule 67.1
Decision to appeal
rule 67.2
Service of appeal notice
rule 67.3
Form of appeal notice
rule 67.4
Crown Court judge’s permission to appeal
rule 67.5
Expediting an appeal
rule 67.6
Respondent’s notice
rule 67.7
Public interest ruling
rule 67.8
Powers of Court of Appeal judge
rule 67.9
Renewing applications
rule 67.10
Right to attend hearing
rule 67.11
When this Part applies67.1
1
This Part applies where a prosecutor wants to appeal under section 58(2) of the Criminal Justice Act 200329.
2
A reference to an ‘appellant’ in this Part is a reference to such a prosecutor.
[Note. Under section 58(2) of the Criminal Justice Act 2003 a prosecutor may appeal to the Court of Appeal against a ruling in the Crown Court. See also sections 57 and 59 to 61 of the 2003 Act.
The rules in Part 65 also apply where this Part applies.]
Decision to appeal67.2
1
An appellant must tell the Crown Court judge of any decision to appeal—
a
immediately after the ruling against which the appellant wants to appeal; or
b
on the expiry of the time to decide whether to appeal allowed under paragraph (2).
2
If an appellant wants time to decide whether to appeal—
a
the appellant must ask the Crown Court judge immediately after the ruling; and
b
the general rule is that the judge must not require the appellant to decide there and then but instead must allow until the next business day.
[Note. If the ruling against which the appellant wants to appeal is a ruling that there is no case to answer, the appellant may appeal against earlier rulings as well: see section 58(7) of the Criminal Justice Act 2003.
Under section 58(8) of the 2003 Act the appellant must agree that a defendant directly affected by the ruling must be acquitted if the appellant (a) does not get permission to appeal or (b) abandons the appeal.
The Crown Court judge may give permission to appeal and may expedite the appeal: see rules 67.5 and 67.6.]
Service of appeal notice67.3
1
An appellant must serve an appeal notice on—
a
the Crown Court officer;
b
the Registrar; and
c
every defendant directly affected by the ruling against which the appellant wants to appeal.
2
The appellant must serve the appeal notice not later than—
a
the next business day after telling the Crown Court judge of the decision to appeal, if the judge expedites the appeal; or
b
5 business days after telling the Crown Court judge of that decision, if the judge does not expedite the appeal.
[Note. If the ruling against which the appellant wants to appeal is a public interest ruling, see rule 67.8.]
Form of appeal notice67.4
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; and
h
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 67.7.]
Crown Court judge’s permission to appeal67.5
1
An appellant who wants the Crown Court judge to give permission to appeal must—
a
apply orally, with reasons, immediately after the ruling against which the appellant wants to appeal; or
b
apply in writing and serve the application on—
i
the Crown Court officer, and
ii
every defendant directly affected by the ruling
on the expiry of the time allowed under rule 67.2 to decide whether to appeal.
2
A written application must include the same information (with the necessary adaptations) as an appeal notice.
3
The Crown Court judge must allow every defendant directly affected by the ruling an opportunity to make representations.
4
The general rule is that the Crown Court judge must decide whether or not to give permission to appeal on the day that the application for permission is made.
[Note. For the Crown Court judge’s power to give permission to appeal, see section 57(4) of the Criminal Justice Act 2003.
Rule 67.5(3) does not apply where the appellant wants to appeal against a public interest ruling: see rule 67.8(5).]
Expediting an appeal67.6
1
An appellant who wants the Crown Court judge to expedite an appeal must ask, giving reasons, on telling the judge of the decision to appeal.
2
The Crown Court judge must allow every defendant directly affected by the ruling an opportunity to make representations.
3
The Crown Court judge may revoke a direction expediting the appeal unless the appellant has served the appeal notice.
[Note. For the Crown Court judge’s power to expedite the appeal, see section 59 of the Criminal Justice Act 2003.
Rule 67.6(2) does not apply where the appellant wants to appeal against a public interest ruling: see rule 67.8(5).]
Respondent’s notice67.7
1
A defendant on whom an appellant serves an appeal notice 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 appellant;
b
the Crown Court officer;
c
the Registrar; and
d
any other defendant on whom the appellant served the appeal notice.
3
Such a defendant must serve the respondent’s notice—
a
not later than the next business day after—
i
the appellant serves the appeal notice, or
ii
a direction to do so
if the Crown Court judge expedites the appeal; or
b
not more than 5 business days after—
i
the appellant serves the appeal notice, or
ii
a direction to do so
if the Crown Court judge does not expedite the appeal.
4
The respondent’s notice must be in the form set out in the Practice Direction.
5
The respondent’s notice must—
a
give the date on which the respondent was served with the appeal notice;
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 ground of appeal to which each relates;
c
summarise any relevant facts not already summarised in the appeal notice;
d
identify any relevant authorities;
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
a direction to attend in person any hearing that the respondent could attend by live link, if the respondent is in custody;
f
identify any other document or thing that the respondent thinks the court will need to decide the appeal.
Public interest ruling67.8
1
This rule applies where the appellant wants to appeal against a public interest ruling.
2
The appellant must not serve on any defendant directly affected by the ruling—
a
any written application to the Crown Court judge for permission to appeal; or
b
an appeal notice
if the appellant thinks that to do so in effect would reveal something that the appellant thinks ought not be disclosed.
3
The appellant must not include in an appeal notice—
a
the material that was the subject of the ruling; or
b
any indication of what sort of material it is
if the appellant thinks that to do so in effect would reveal something that the appellant thinks ought not be disclosed.
4
The appellant must serve on the Registrar with the appeal notice an annex—
a
marked to show that its contents are only for the court and the Registrar;
b
containing whatever the appellant has omitted from the appeal notice, with reasons; and
c
if relevant, explaining why the appellant has not served the appeal notice.
5
Rules 67.5(3) and 67.6(2) do not apply.
[Note. Rules 67.5(3) and 67.6(2) require the Crown Court judge to allow a defendant to make representations about (i) giving permission to appeal and (ii) expediting an appeal.]
Powers of Court of Appeal judge67.9
A judge of the Court of Appeal may—
a
give permission to appeal;
b
revoke a Crown Court judge’s direction expediting an appeal; and
c
where an appellant abandons an appeal, order a defendant’s acquittal, his release from custody and the payment of his costs,
as well as exercising the powers given by other legislation (including these Rules).
[Note. See section 73 of the Criminal Justice Act 2003.]
Renewing applications67.10
Rule 65.5 (renewing an application refused by a judge or the Registrar) applies with a time limit of 5 business days.
Right to attend hearing67.11
1
A respondent who is in custody has a right to attend a hearing in public.
2
The court or the Registrar may direct that such a respondent is to attend a hearing by live link.
[Note. See rule 65.6 (hearings).]
SCHEDULE 4
Part 68Appeal to the Court of Appeal about conviction or sentence
Contents of this Part
When this part applies
rule 68.1
Service of appeal notice
rule 68.2
Form of appeal notice
rule 68.3
Crown Court judge’s certificate that case is fit for appeal
rule 68.4
Reference by Criminal Cases Review Commission
rule 68.5
Respondent’s notice
rule 68.6
Adaptation of rules about introducing evidence
rule 68.7
Application for bail pending appeal or retrial
rule 68.8
Conditions of bail pending appeal or retrial
rule 68.9
Forfeiture of a recognizance given as a condition of bail
rule 68.10
Right to attend hearing
rule 68.11
Power to vary determination of appeal against sentence
rule 68.12
Directions about re-admission to hospital on dismissal of appeal
rule 68.13
Renewal or setting aside of order for retrial
rule 68.14
When this Part applies68.1
1
This Part applies where—
a
a defendant wants to appeal under—
i
Part 1 of the Criminal Appeal Act 196830, or
ii
paragraph 14 of Schedule 22 to the Criminal Justice Act 200331;
b
the Criminal Cases Review Commission refers a case to the Court of Appeal under section 9 of the Criminal Appeal Act 199532;
c
a prosecutor wants to appeal to the Court of Appeal under section 14A(5A) of the Football Spectators Act 198933;
d
a party wants to appeal under section 74(8) of the Serious Organised Crime and Police Act 200534; or
e
2
A reference to an ‘appellant’ in this Part is a reference to such a party or person.
[Note. Under Part 1 (sections 1 to 32) of the Criminal Appeal Act 1968 a defendant may appeal against
a conviction (section 137)
a sentence (sections 938 and 1039: see section 5040 for the meaning of ‘sentence’)
a verdict of not guilty by reason of insanity (section 12)
a finding of disability (section 1541)
a hospital order, interim hospital order or supervision order under section 542 or 5A43 of the Criminal Procedure (Insanity) Act 1964 (section 16A of the 1968 Act44).
Under paragraph 14 of Schedule 22 to the Criminal Justice Act 2003 a defendant sentenced to life imprisonment may appeal against the minimum term fixed on review by a High Court judge in certain cases.
See section 13 of the Criminal Appeal Act 199545 for the circumstances in which the Criminal Cases Review Commission may refer a conviction, sentence, verdict or finding to the Court of Appeal.
Under section 14A(5A) of the Football Spectators Act 1989 a prosecutor may appeal against a failure by the Crown Court to make a football banning order.
Under section 74(8) of the Serious Organised Crime and Police Act 2005 a prosecutor or defendant may appeal against a review by a Crown Court judge of a sentence that was reduced because the defendant assisted the investigator or prosecutor.
Under section 13 of the Administration of Justice Act 1960 a person punished by the Crown Court for contempt of court may appeal to the Court of Appeal.
The rules in Part 65 also apply where this Part applies.]
Service of appeal notice68.2
1
The general rule is that an appellant must serve an appeal notice—
a
on the Crown Court officer at the Crown Court centre where there occurred—
i
the conviction, verdict, or finding,
ii
the sentence, or
iii
the order, or the failure to make an order
about which the appellant wants to appeal; and
b
not more than 28 days after that occurred.
2
But an appellant must serve an appeal notice—
a
on the Registrar instead where—
i
the appeal is against a minimum term review decision under paragraph 14 of Schedule 22 to the Criminal Justice Act 2003, or
ii
the Criminal Cases Review Commission refers the case to the court; and
b
not more than—
i
28 days after such a decision, or after the Registrar serves notice that the Commission has referred a sentence, or
ii
56 days after the Registrar serves notice that the Commission has referred a conviction.
[Note. The time limit for serving an appeal notice (a) on an appeal under Part 1 of the Criminal Appeal Act 1968 and (b) on an appeal against a finding of contempt of court is prescribed by sections 18 and 18A of the Criminal Appeal Act 1968. It may be extended but not shortened.
For service of a reference by the Criminal Cases Review Commission, see rule 68.5.]
Form of appeal notice68.3
1
An appeal notice must be in the form set out in the Practice Direction.
2
The appeal notice must—
a
specify—
i
the conviction, verdict, or finding,
ii
the sentence, or
iii
the order, or the failure to make an order
about 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
identify the transcript that the appellant thinks the court will need, if the appellant wants to appeal against a conviction;
d
identify the relevant sentencing powers of the Crown Court, if sentence is in issue;
e
where the Criminal Cases Review Commission refers a case to the court, explain how each ground of appeal relates (if it does) to the reasons for the reference;
f
summarise the relevant facts;
g
identify any relevant authorities;
h
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
bail pending appeal,
iv
a direction to attend in person a hearing that the appellant could attend by live link, if the appellant is in custody,
v
the introduction of evidence, including hearsay evidence and evidence of bad character,
vi
an order requiring a witness to attend court,
vii
a direction for special measures for a witness,
viii
a direction for special measures for the giving of evidence by the appellant;
i
identify any other document or thing that the appellant thinks the court will need to decide the appeal.
[Note. In some legislation, including the Criminal Appeal Act 1968, permission to appeal is described as [leave to appeal]
An appellant needs the court’s permission to appeal in every case to which this Part applies, except where—
the Criminal Cases Review Commission refers the case
the appellant appeals against a finding of contempt of court
the Crown Court judge certifies under sections 1(2)(a), 11(1A), 12(b), 15(2)(b) or 16A(2)(b) of the Criminal Appeal Act 196846, under section 81(1B) of the Supreme Court Act 198147 or under section 14A(5B) of the Football Spectators Act 1989 that a case is fit for appeal.
A judge of the Court of Appeal may give permission to appeal under section 31 of the Criminal Appeal Act 196848.;]
Crown Court judge’s certificate that case is fit for appeal.68.4
1
An appellant who wants the Crown Court judge to certify that a case is fit for appeal must—
a
apply orally, with reasons, immediately after there occurs—
i
the conviction, verdict, or finding,
ii
the sentence, or
iii
the order, or the failure to make an order
about which the appellant wants to appeal; or
b
apply in writing and serve the application on the Crown Court officer not more than 14 days after that occurred.
2
A written application must include the same information (with the necessary adaptations) as an appeal notice.
[Note. The Crown Court judge may certify that a case is fit for appeal under sections 1(2)(b), 11(1A), 12(b), 15(2)(b) or 16A(2)(b) of the Criminal Appeal Act 1968, under section 81(1B) of the Supreme Court Act 1981 or under section 14A(5B) of the Football Spectators Act 1989.
See also rule 68.2 (service of appeal notice in all cases).]
Reference by Criminal Cases Review Commission68.5
1
The Registrar must serve on the appellant a reference by the Criminal Cases Review Commission.
2
The court must treat that reference as the appeal notice if the appellant does not serve such a notice under rule 68.2.
Respondent’s notice68.6
1
The Registrar—
a
may serve an appeal notice on any party directly affected by the appeal; and
b
must do so if the Criminal Cases Review Commission refers a conviction, verdict, finding or sentence to the court.
2
Such a party may serve a respondent’s notice, and must do so if—
a
that party wants to make representations to the court; or
b
the court or the Registrar so directs.
3
Such a party must serve the respondent’s notice on—
a
the appellant;
b
the Registrar; and
c
any other party on whom the Registrar served the appeal notice.
4
Such a party must serve the respondent’s notice not more than 14 days after the Registrar serves—
a
the appeal notice; or
b
a direction to do so.
5
The respondent’s notice must be in the form set out in the Practice Direction.
6
The respondent’s notice must—
a
give the date on which the respondent was served with the appeal notice;
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 ground of appeal to which each relates;
c
identify the relevant sentencing powers of the Crown Court, if sentence is in issue;
d
summarise any relevant facts not already summarised in the appeal notice;
e
identify any relevant authorities;
f
include or attach any application for the following, with reasons—
i
an extension of time within which to serve the respondent’s notice,
ii
bail pending appeal,
iii
a direction to attend in person a hearing that the respondent could attend by live link, if the respondent is in custody,
iv
the introduction of evidence, including hearsay evidence and evidence of bad character,
v
an order requiring a witness to attend court,
vi
a direction for special measures for a witness; and
g
identify any other document or thing that the respondent thinks the court will need to decide the appeal.
[Note. Part II of the Practice Direction sets out the circumstances in which the Registrar usually will serve a defendant’s appeal notice on the prosecutor.]
Adaptation of rules about introducing evidence68.7
1
The following Parts apply with such adaptations as the court or the Registrar may direct—
a
Part 29 (special measures directions);
b
Part 30 (use of live television link other than for vulnerable witnesses);
c
Part 34 (hearsay evidence);
d
Part 35 (evidence of bad character); and
e
Part 36 (evidence of a complainant’s previous sexual behaviour).
2
But the general rule is that—
a
a respondent who opposes an appellant’s application to which one of those Parts applies must do so in the respondent’s notice, with reasons;
b
an appellant who opposes a respondent’s application to which one of those Parts applies must serve notice, with reasons, on—
i
the Registrar, and
ii
the respondent
not more than 14 days after service of the respondent’s notice; and
c
the court or the Registrar may give directions with or without a hearing.
[Note. An application to introduce evidence or for directions about evidence must be included in, or attached to, an appeal notice or a respondent’s notice: see rule 68.3 and 68.6(6).
Under section 23 of the Criminal Appeal Act 196849 the Court of Appeal may allow the introduction of evidence that was not introduced at trial.
See also Part 27 (witness statements) and Part 33 (expert evidence).]
Application for bail pending appeal or retrial68.8
1
This rule applies where a party wants to make an application to the court about bail pending appeal or retrial.
2
That party must serve an application in the form set out in the Practice Direction on—
a
the Registrar, unless the application is with the appeal notice; and
b
the other party.
3
The court must not decide such an application without giving the other party an opportunity to make representations, including representations about any condition or surety proposed by the applicant.
[Note. See section 19 of the Criminal Appeal Act 196850 and section 3(8) of the Bail Act 197651. An application about bail or about the conditions of bail may be made either by an appellant or respondent.
Under section 81(1) of the Supreme Court Act 198152 a Crown Court judge may grant bail pending appeal only (a) if that judge gives a certificate that the case is fit for appeal (see rule 68.4) and (b) not more than 28 days after the conviction or sentence against which the appellant wants to appeal.]
Conditions of bail pending appeal or retrial68.9
1
This rule applies where the court grants a party bail pending appeal or retrial subject to any condition that must be met before that party is released.
2
The court may direct how such a condition must be met.
3
The Registrar must serve a certificate in the form set out in the Practice Direction recording any such condition and direction on—
a
that party;
b
that party’s custodian; and
c
any other person directly affected by any such direction.
4
A person directly affected by any such direction need not comply with it until the Registrar serves that person with that certificate.
5
Unless the court otherwise directs, if any such condition or direction requires someone to enter into a recognizance it must be—
a
in the form set out in the Practice Direction and signed before—
i
the Registrar,
ii
the custodian, or
iii
someone acting with the authority of the Registrar or custodian;
b
copied immediately to the person who enters into it; and
c
served immediately by the Registrar on the appellant’s custodian or vice versa, as appropriate.
6
Unless the court otherwise directs, if any such condition or direction requires someone to make a payment, surrender a document or take some other step—
a
that payment, document or step must be made, surrendered or taken to or before—
i
the Registrar,
ii
the custodian, or
iii
someone acting with the authority of the Registrar or custodian;
b
the Registrar or the custodian, as appropriate, must serve immediately on the other a statement that the payment, document or step has been made, surrendered or taken, as appropriate.
7
The custodian must release the appellant where it appears that any condition ordered by the court has been met.
8
For the purposes of section 5 of the Bail Act 197653 (record of decision about bail), the Registrar must keep a copy of—
a
any certificate served under paragraph (3);
b
a notice of hearing given under rule 65.7(1); and
c
a notice of the court’s decision served under rule 65.7(2).
9
Where the court grants bail pending retrial the Registrar must serve on the Crown Court officer copies of the documents kept under paragraph (8).
Forfeiture of a recognizance given as a condition of bail68.10
1
This rule applies where—
a
the court grants a party bail pending appeal or retrial; and
b
the bail is subject to a condition that that party provides a surety to guarantee that he will surrender to custody as required; but
c
that party does not surrender to custody as required.
2
The Registrar must serve notice on—
a
the surety; and
b
the prosecutor
of the hearing at which the court may order the forfeiture of the recognizance given by that surety.
3
The court must not forfeit a surety’s recognizance—
a
less than 7 days after the Registrar serves notice under paragraph (2); and
b
without giving the surety an opportunity to make representations at a hearing.
[Note. If the purpose for which a recognizance is entered is not fulfilled, that recognizance may be forfeited by the court. If the court forfeits a surety’s recognizance, the sum promised by that person is then payable to the Crown.]
Right to attend hearing68.11
A party who is in custody has a right to attend a hearing in public unless—
a
it is a hearing preliminary or incidental to an appeal, including the hearing of an application for permission to appeal; or
b
that party is in custody in consequence of—
i
a verdict of not guilty by reason of insanity, or
ii
a finding of disability.
[Note. See rule 65.6 (hearings) and section 22 of the Criminal Appeal Act 196854. There are corresponding provisions in the Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 200555 and in the Serious Organised Crime and Police Act 2005 (Appeals under section 74) Order 200656. Under section 22 of the 1968 Act the court may direct that an appellant who is in custody is to attend a hearing by live link.]
Power to vary determination of appeal against sentence68.12
1
This rule applies where the court decides an appeal affecting sentence in a party’s absence.
2
The court may vary such a decision if it did not take account of something relevant because that party was absent.
3
A party who wants the court to vary such a decision must—
a
apply in writing, with reasons;
b
serve the application on the Registrar not more than 7 days after—
i
the decision, if that party was represented at the appeal hearing, or
ii
the Registrar serves the decision, if that party was not represented at that hearing.
[Note. Section 22(3) of the Criminal Appeal Act 1968 allows the court to sentence in an appellant’s absence. There are corresponding provisions in the Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005 and in the Serious Organised Crime and Police Act 2005 (Appeals under section 74) Order 2006.]
Directions about re-admission to hospital on dismissal of appeal68.13
1
This rule applies where—
a
an appellant subject to—
i
an order under section 37(1) of the Mental Health Act 198357 (detention in hospital on conviction), or
ii
an order under section 5(2) of the Criminal Procedure (Insanity) Act 196458 (detention in hospital on finding of insanity or disability)
has been released on bail pending appeal; and
b
the court—
i
refuses permission to appeal,
ii
dismisses the appeal, or
iii
affirms the order under appeal.
2
The court must give appropriate directions for the appellant's—
a
re-admission to hospital; and
b
if necessary, temporary detention pending re-admission.
Renewal or setting aside of order for retrial68.14
1
This rule applies where—
a
a prosecutor wants a defendant to be arraigned more than 2 months after the court ordered a retrial under section 7 of the Criminal Appeal Act 196859; or
b
a defendant wants such an order set aside after 2 months have passed since it was made.
2
That party must apply in writing, with reasons, and serve the application on—
a
the Registrar;
b
the other party.
SCHEDULE 5
Part 69Appeal to the Court of Appeal regarding reporting or public access restriction
Contents of this Part
When this Part applies
rule 69.1
Service of appeal notice
rule 69.2
Form of appeal notice
rule 69.3
Advance notice of appeal against order restricting public access
rule 69.4
Duty of applicant for order restricting public access
rule 69.5
Respondent’s notice on appeal against reporting restriction
rule 69.6
Renewing applications
rule 69.7
Right to introduce evidence
rule 69.8
Right to attend hearing
rule 69.9
When this Part applies69.1
1
This Part applies where a person directly affected by an order to which section 159(1) of the Criminal Justice Act 198862 applies wants to appeal against that order.
2
A reference to an ‘appellant’ in this Part is a reference to such a party.
[Note. Section 159(1) of the Criminal Justice Act 1988 gives a ‘person aggrieved’ (in this Part described as a person directly affected) a right of appeal to the Court of Appeal against a Crown Court judge’s order—
under section 463 or section 11 of the Contempt of Court Act 1981
under section 58(7) of the Criminal Procedure and Investigations Act 199664
restricting public access to any part of a trial for reasons of national security or for the protection of a witness or other person
restricting the reporting of any part of a trial.
See Rule 16.10 for the procedure on an application to restrict public access to a trial.
The rules in Part 65 also apply where this Part applies.]
Service of appeal notice69.2
1
An appellant must serve an appeal notice on—
a
the Crown Court officer;
b
the Registrar;
c
the parties; and
d
any other person directly affected by the order against which the appellant wants to appeal.
2
The appellant must serve the appeal notice not later than—
a
the next business day after an order restricting public access to the trial;
b
10 business days after an order restricting reporting of the trial.
Form of appeal notice69.3
1
An appeal notice must be in the form set out in the Practice Direction.
2
The appeal notice must—
a
specify the order 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, with reasons—
i
an application for permission to appeal,
ii
any application for an extension of time within which to serve the appeal notice,
iii
any application for a direction to attend in person a hearing that the appellant could attend by live link, if the appellant is in custody,
iv
any application for permission to introduce evidence, and
v
a list of those on whom the appellant has served the appeal notice; and
f
attach any document or thing that the appellant thinks the court will need to decide the appeal.
[Note. An appellant needs the court’s permission to appeal in every case to which this Part applies.
A Court of Appeal judge may give permission to appeal under section 31(2B) of the Criminal Appeal Act 196865.]
Advance notice of appeal against order restricting public access69.4
1
This rule applies where the appellant wants to appeal against an order restricting public access to a trial.
2
The appellant may serve advance written notice of intention to appeal against any such order that may be made.
3
The appellant must serve any such advance notice—
a
on—
i
the Crown Court officer,
ii
the Registrar,
iii
the parties, and
iv
any other person who will be directly affected by the order against which the appellant intends to appeal, if it is made; and
b
not more than 5 business days after the Crown Court officer displays notice of the application for the order.
4
The advance notice must include the same information (with the necessary adaptations) as an appeal notice.
5
The court must treat that advance notice as the appeal notice if the order is made.
Duty of applicant for order restricting public access69.5
1
This rule applies where the appellant wants to appeal against an order restricting public access to a trial.
2
The party who applied for the order must serve on the Registrar—
a
a transcript or note of the application for the order; and
b
any other document or thing that that party thinks the court will need to decide the appeal.
3
That party must serve that transcript or note and any such other document or thing as soon as practicable after—
a
the appellant serves the appeal notice; or
b
the order, where the appellant served advance notice of intention to appeal.
Respondent’s notice on appeal against reporting restriction69.6
1
This rule applies where the appellant wants to appeal against an order restricting the reporting of a trial.
2
A person on whom an appellant serves an appeal notice may serve a respondent’s notice, and must do so if—
a
that person wants to make representations to the court; or
b
the court so directs.
3
Such a person must serve the respondent’s notice on—
a
the appellant;
b
the Crown Court officer;
c
the Registrar;
d
the parties; and
e
any other person on whom the appellant served the appeal notice.
4
Such a person must serve the respondent’s notice not more than 3 business days after—
a
the appellant serves the appeal notice; or
b
a direction to do so.
5
The respondent’s notice must be in the form set out in the Practice Direction.
6
The respondent’s notice must—
a
give the date on which the respondent was served with the appeal notice;
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 ground of appeal to which each relates;
c
summarise any relevant facts not already summarised in the appeal notice;
d
identify any relevant authorities;
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
a direction to attend in person any hearing that the respondent could attend by live link, if the respondent is in custody,
iii
permission to introduce evidence; and
f
identify any other document or thing that the respondent thinks the court will need to decide the appeal.
Renewing applications69.7
Rule 65.5 (renewing an application refused by a judge or the Registrar) applies with a time limit of 5 business days.
Right to introduce evidence69.8
No person may introduce evidence without the court’s permission.
[Note. Section 159(4) of the Criminal Justice Act 1988 entitles the parties to give evidence, subject to procedure rules.]
Right to attend hearing69.9
1
A party who is in custody has a right to attend a hearing in public of an appeal against an order restricting the reporting of a trial.
2
The court or the Registrar may direct that such a party is to attend a hearing by live link.
[Note. See rule 65.6 (hearings). The court must decide an application and an appeal without a hearing where the appellant wants to appeal against an order restricting public access to a trial: rule 65.6(3).]
SCHEDULE 6
Part 70Reference to the Court of Appeal of point of law or unduly lenient sentencing
Contents of this Part
When this Part applies
rule 70.1
Service of notice of reference and application for permission
rule 70.2
Form of notice of reference and application for permission
rule 70.3
Registrar’s notice to defendant
rule 70.4
Respondent’s notice
rule 70.5
Variation or withdrawal of notice of reference or application for permission
rule 70.6
Right to attend hearing
rule 70.7
Anonymity of defendant on reference of point of law
rule 70.8
When this Part applies70.1
This Part applies where the Attorney General wants to—
a
refer a point of law to the Court of Appeal under section 36 of the Criminal Justice Act 197266; or
b
refer a sentencing case to the Court of Appeal under section 36 of the Criminal Justice Act 198867.
[Note. Under section 36 of the Criminal Justice Act 1972, where a defendant is acquitted in the Crown Court the Attorney General may refer to the Court of Appeal a point of law in the case.
Under section 36 of the Criminal Justice Act 1988, if the Attorney General thinks the sentencing of a defendant in the Crown Court is unduly lenient he may refer the case to the Court of Appeal: but only if the sentence is one to which Part IV of the 1988 Act applies, and only if the Court of Appeal gives permission. See also section 35 of the 1988 Act68 and the Criminal Justice Act 1988 (Reviews of Sentencing) Order 200669.
The rules in Part 65 also apply where this Part applies.]
Service of notice of reference and application for permission70.2
1
The Attorney General must—
a
serve on the Registrar—
i
any notice of reference, and
ii
any application for permission to refer a sentencing case; and
b
with a notice of reference of a point of law, give the Registrar details of—
i
the defendant affected,
ii
the date and place of the relevant Crown Court decision, and
iii
the relevant verdict and sentencing.
2
The Attorney General must serve an application for permission to refer a sentencing case not more than 28 days after the last of the sentences in that case.
[Note. The time limit for serving an application for permission to refer a sentencing case is prescribed by paragraph 1 of Schedule 3 to the Criminal Justice Act 1988. It may be neither extended nor shortened.]
Form of notice of reference and application for permission70.3
1
A notice of reference and an application for permission to refer a sentencing case must be in the appropriate form set out in the Practice Direction, giving the year and number.
2
A notice of reference of a point of law must—
a
specify the point of law in issue and indicate the opinion that the Attorney General invites the court to give;
b
identify each ground for that invitation, numbering them consecutively (if there is more than one) and concisely outlining each argument in support;
c
exclude any reference to the defendant’s name and any other reference that may identify the defendant;
d
summarise the relevant facts; and
e
identify any relevant authorities.
3
An application for permission to refer a sentencing case must—
a
give details of—
i
the defendant affected,
ii
the date and place of the relevant Crown Court decision, and
iii
the relevant verdict and sentencing;
b
explain why that sentencing appears to the Attorney General unduly lenient, concisely outlining each argument in support; and
c
include the application for permission to refer the case to the court.
4
A notice of reference of a sentencing case must—
a
include the same details and explanation as the application for permission to refer the case;
b
summarise the relevant facts; and
c
identify any relevant authorities.
5
Where the court gives the Attorney General permission to refer a sentencing case, it may treat the application for permission as the notice of reference.
Registrar’s notice to defendant70.4
1
The Registrar must serve on the defendant—
a
a notice of reference;
b
an application for permission to refer a sentencing case.
2
Where the Attorney General refers a point of law, the Registrar must give the defendant notice that—
a
the outcome of the reference will not make any difference to the outcome of the trial; and
b
the defendant may serve a respondent’s notice.
3
Where the Attorney General applies for permission to refer a sentencing case, the Registrar must give the defendant notice that—
a
the outcome of the reference may make a difference to that sentencing, and in particular may result in a more severe sentence; and
b
the defendant may serve a respondent’s notice.
Respondent’s notice70.5
1
A defendant on whom the Registrar serves a 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 28 days after—
i
the Registrar serves the reference, or
ii
a direction to do so;
b
where the Attorney General applies for permission to refer a sentencing case, not more than 14 days after—
i
the Registrar 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
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;
b
summarise any relevant facts not already summarised in the reference;
c
identify any relevant authorities; and
d
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,
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
say if the respondent wants to make representations at the hearing of the application or reference; and
b
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,
iii
a direction to attend in person a hearing that the respondent could attend by live link, if the respondent is in custody.
Variation or withdrawal of notice of reference or application for permission70.6
1
This rule applies where the Attorney General wants to vary or withdraw—
a
a notice of reference; or
b
an application for permission to refer a sentencing case.
2
The Attorney General—
a
may vary or withdraw the notice or application without the court’s permission by serving notice on—
i
the Registrar, and
ii
the defendant
before any hearing of the reference or application; but
b
at any such hearing, may only vary or withdraw that notice or application with the court’s permission.
Right to attend hearing70.7
1
A respondent who is in custody has a right to attend a hearing in public unless it is a hearing preliminary or incidental to a reference, including the hearing of an application for permission to refer a sentencing case.
2
The court or the Registrar may direct that such a respondent is to attend a hearing by live link.
[Note. See rule 65.6 (hearings) and paragraphs 6 and 7 of Schedule 3 to the Criminal Justice Act 1988. Under paragraph 8 of that Schedule the Court of Appeal may sentence in the absence of a defendant whose sentencing is referred.]
Anonymity of defendant on reference of point of law70.8
Where the Attorney General refers a point of law, the court must not allow anyone to identify the defendant during the proceedings unless the defendant gives permission.
(This note is not part of the Rules)