The Criminal Procedure Rules 2014

Discontinuing an appeal

17.24.—(1) This rule applies where—

(a) an appellant has served an appeal notice under rule 17.19;

(b) the High Court has given permission to appeal to the High Court; and

(c) the court has not determined the appeal.

(2) If the appellant wants to discontinue the appeal, the appellant must notify—

(a) the High Court officer;

(b) the respondent;

(c) the Director of Public Prosecutions, unless the Director already has the conduct of the proceedings; and

(d) any other person on whom the appellant served the appeal notice.

(3) The parties to the appeal must serve on the High Court officer—

(a) a joint notice consenting to the dismissal of the appeal; and

(b) a joint notice of any agreement between the parties about costs.

(4) Where a defendant who is on bail pending appeal discontinues that appeal—

(a) the defendant must surrender to custody as directed by the magistrates’ court officer; and

(b) any conditions of bail apply until then.

[Note. See sections 36 and 118 of the Extradition Act 2003(1).

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

Part 76 contains rules about costs.]

(1)

2003 c. 41; sections 36 and 118 were amended by section 40 of, and paragraph 81 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4).