The Criminal Procedure Rules 2020

Form of appeal notice E+W

40.3.—(1) An appeal notice must be in the form [F1 issued under] the Practice Direction.

(2) The appeal notice must—

(a) specify the order against 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) summarise the relevant facts;

(d) identify any relevant authorities;

(e) include or attach, with reasons—

(i) an application for permission to appeal,

(ii) any application for an extension of time within which to serve the appeal notice,

(iii) any application for a direction to attend in person a hearing that the appellant could attend by live link, if the appellant is in custody,

(iv) any application for permission to introduce evidence, and

(v) a list of those on whom the appellant has served the appeal notice; F2 ...

(f) attach any document or thing that the appellant thinks the court will need to decide the appeal [F3 and 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]

[F4 (g) include or attach—

(i) an electronic copy of any authority identified under paragraph (2)(d), or

(ii) if two or more such authorities are identified, electronic copies of each together in a single electronic document.]

[Note. An appellant needs the court’s permission to appeal in every case to which this Part applies.

A Court of Appeal judge may give permission to appeal under section 31(2B) of the Criminal Appeal Act 1968(1).]

Textual Amendments

F1 Words in rule 40.3(1) substituted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rule 1, Sch. para. 44

F2 Word in rule 40.3(2)(e) omitted (5.4.2021) by virtue of The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(i), 24(a)(i)

F3 Words in rule 40.3(2)(f) inserted (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(i), 24(a)(ii)

F4 Rule 40.3(2)(g) inserted (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(i), 24(a)(iii)

Commencement Information

I1 Rule 40.3 in force at 5.10.2020, see Preamble

(1)

1968 c. 19; section 31(2B) was inserted by section 170 of, and paragraphs 20 and 30 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33).