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The Criminal Procedure Rules 2011

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Form of appeal notice

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63.3.  The appeal notice must be in writing and must—

(a)specify—

(i)the conviction or finding of guilt,

(ii)the sentence, or

(iii)the order, or the failure to make an order

about which the appellant wants to appeal;

(b)summarise the issues;

(c)in an appeal against conviction—

(i)identify the prosecution witnesses whom the appellant will want to question if they are called to give oral evidence, and

(ii)say how long the trial lasted in the magistrates’ court and how long the appeal is likely to last in the Crown Court;

(d)in an appeal against a finding that the appellant insulted someone or interrupted proceedings in the magistrates’ court, attach—

(i)the magistrates’ court’s written findings of fact, and

(ii)the appellant’s response to those findings;

(e)say whether the appellant has asked the magistrates’ court to reconsider the case; and

(f)include a list of those on whom the appellant has served the appeal notice.

[Note. The Practice Direction sets out a form of appeal notice for use in connection with this rule.

In some cases, a magistrates’ court can reconsider a conviction, sentence or other order and make a fresh decision. See section 142 of the Magistrates’ Courts Act 1980(1).

See also rule 3.10 (conduct of a trial or an appeal).]

(1)

1980 c. 43; section 142 was amended by sections 26 and 29 of, and Schedule 3 to, the Criminal Appeal Act 1995 (c. 35).

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