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.]
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).