PART 68APPEAL TO THE COURT OF APPEAL ABOUT CONVICTION OR SENTENCE
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—
a
the Criminal Cases Review Commission refers the case;
b
the appellant appeals against—
i
an order or decision made in the exercise of jurisdiction to punish for contempt of court, or
ii
a wasted or third party costs order; or
c
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 1968773, under section 81(1B) of the Senior Courts Act 1981774, under section 14A(5B) of the Football Spectators Act 1989775, or under section 24(4) of the Serious Crime Act 2007, 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 1968776.]