PART 39APPEAL TO THE COURT OF APPEAL ABOUT CONVICTION OR SENTENCE
Form of appeal noticeI139.3
1
An 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 (and see paragraph (2));
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
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, or
ix
the suspension of any disqualification imposed, or order made, in the case, where the Court of Appeal can order such a suspension pending appeal; F2...
f
identify any other document or thing that the appellant thinks the court will need to decide the appeal F1and include or attach an electronic link to each such document that has been made available to the Registrar under rule 36.8(1)(a) (Duty of Crown Court officer); and
F4g
unless an authority identified by the grounds of appeal (see paragraph (2)(f)) is published by the Registrar as one frequently cited, include or attach—
i
an electronic copy of each authority so identified, or
ii
if two or more such authorities not so published are identified, electronic copies of each together in a single electronic document F5....
2
The grounds of appeal must—
a
include in no more than the first two pages a summary of the grounds that makes what then follows easy to understand;
b
in each ground of appeal identify the event or decision to which that ground relates;
c
in each ground of appeal summarise the facts relevant to that ground, but only to the extent necessary to make clear what is in issue;
d
concisely outline each argument in support of each ground;
e
number each ground consecutively, if there is more than one;
f
identify any relevant authority and—
i
state the proposition of law that the authority demonstrates, and
ii
identify the parts of the authority that support that proposition; and
g
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.
[Note. F3...
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 1968911, under section 81(1B) of the Senior Courts Act 1981912, under section 14A(5B) of the Football Spectators Act 1989913, 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 1968914.
See also rules 39.7 (Introducing evidence) and 39.8 (Application for bail, or to suspend a disqualification or order, pending appeal or retrial).]