{
  "url": "https://openlegislation.uk/criminal-procedure-and-investigations-act-1996-preparatory-hearings-interlocutory-appealsrules-1997/article-3",
  "json_url": "https://openlegislation.uk/criminal-procedure-and-investigations-act-1996-preparatory-hearings-interlocutory-appealsrules-1997/article-3.json",
  "legislation": "uksi/1997/1053",
  "legislation_title": "The Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) (Interlocutory Appeals)Rules 1997",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-and-investigations-act-1996-preparatory-hearings-interlocutory-appealsrules-1997",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Notice of appeal",
  "text": "(1) An application to the judge of the Crown Court for leave to appeal under section 35(1) of the Act of 1996 shall be made orally to the judge within 2 days of the making of the ruling to which it relates.\n(2) Unless the application is made on the occasion of the ruling to which it relates, the appellant shall serve notice in writing thereof, specifying the grounds of the application, on the appropriate officer of the Crown Court and on all parties to the preparatory hearing directly affected by the ruling in question.\n(3) The appellant shall no later than the day referred to in paragraph (4) below serve notice of appeal from a ruling under section 31(3) of the Act of 1996 or, as the case may be, of an application to the Court of Appeal for leave to appeal from such a ruling on—\n(a) the registrar;\n(b) the appropriate officer of the Crown Court; and\n(c) all parties to the preparatory hearing directly affected by the said ruling.\n(4) The day referred to is—\n(a) the day which occurs 7 days after the making of the ruling under section 31(3) of the Act of 1996, or\n(b) where application for leave to appeal is made under paragraph (1) above, the day which occurs 7 days after such application is determined or withdrawn.\n(5) The time for serving notice under paragraph (3) above may be extended, before or after it expires, by the Court of Appeal.\n(6) A notice of appeal or of an application to the Court of Appeal for leave to appeal, or an application to the Court of Appeal for an extension of time as referred to in paragraph (5) above, shall be in Form 5312.\n(7) If notice in writing of an application for leave to appeal was, under paragraph (2) above, served on the Crown Court, a copy thereof shall accompany the notice of appeal or, as the case may be, of an application to the Court of Appeal for leave to appeal required under paragraph (3) above to be served on the registrar.\n(8) Notice of appeal or of an application for leave to appeal may be given either in respect of the whole or any part of the ruling to which it relates and shall—\n(a) specify any question of law in respect of which the appeal is brought and, where appropriate, such facts of the case as are necessary for its proper consideration;\n(b) summarise the arguments intended to be put to the Court of Appeal; and\n(c) specify any authorities intended to be cited.\n(9) Where the judge of the Crown Court has given leave to appeal the notice of appeal shall state that fact and specify the grounds on which leave is given.\n(10) Notice of appeal or of an application for leave to appeal shall be accompanied by any documents or other things (or copies thereof) necessary for the proper determination of the appeal or application.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "revoked",
      "affecting": "uksi/2005/384",
      "affecting_title": "The Criminal Procedure Rules 2005 (revoked)"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/1053/article/3",
    "retrieved_at": "2026-10-29T12:09:52.759278+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}