Rule 34.2 Service of appeal and respondent’s noticesI1
England and Wales
An appellant must serve an appeal notice—
in every case, on the magistrates’ court officer;
on the prosecutor, where the defendant is the appellant; and
on the defendant, where the prosecutor is the appellant.
The appellant must serve the appeal notice—
as soon after the decision appealed against as the appellant wants; but
not more than 15 business days after—
sentence, the date sentence is deferred or the date of committal for sentence, whichever is earlier, if the appeal is against conviction or against a finding of guilt,
sentence, if the appeal is against sentence, or
the order or failure to make an order about which the appellant wants to appeal, in any other case.
The appellant must serve with the appeal notice any application for the following, with reasons—
an extension of the time limit under this rule, if the appeal notice is late;
bail pending appeal, if the appellant is in custody; or
the suspension of any disqualification imposed or order made in the case, where the magistrates’ court or the Crown Court can order such a suspension pending appeal.
Where both the magistrates’ court and the Crown Court can grant bail or suspend a disqualification or order pending appeal, an application must indicate by which court the appellant wants the application determined.
Where the appeal is against conviction or against a finding of guilt, unless the respondent agrees that the court should allow the appeal—
the respondent must serve a respondent’s notice on—
the Crown Court officer; and
the appellant; and
the respondent must serve that notice not more than 15 business days after service of the appeal notice.
Where the appeal is about the variation or discharge of a domestic abuse protection order, the magistrates’ court officer must serve the appeal notice on—
the defendant, unless the defendant is the appellant;
each relevant Chief Officer of Police who is not the appellant; and
any other person if the court so directs.
[Note. Under sections 4 and 5 of the Sentencing Act 2020f1, a magistrates’ court may defer passing sentence for up to 6 months.
Under section 113 of the Magistrates’ Courts Act 1980f2, the magistrates’ court may grant an appellant bail pending appeal. Under section 81(1)(b) of the Senior Courts Act 1981f3, the Crown Court also may do so. See also rule 14.7.
Under section 39 of the Road Traffic Offenders Act 1988f4, a court which has made an order disqualifying a person from driving may suspend the disqualification pending appeal. Under section 40 of the 1988 Actf5, the appeal court may do so. See also rule 29.2.
Under section 129 of the Licensing Act 2003f6, a court which has made an order to forfeit or suspend a personal licence issued under that Act may suspend the order pending appeal. Under section 130 of the 2003 Actf7, the appeal court may do so.
Section 47 of the Domestic Abuse Act 2021f8 lists those who are relevant Chief Officers of Police for the purposes of an appeal under section 46 of that Act.]
Annotations
Commencement
Footnotes
- f1
- f2
1980 c. 43; section 113 was amended by section 168 of, and paragraph 44 of Schedule 10 to, the Criminal Justice and Public Order Act 1994 (c. 33) and section 165 of, and paragraph 72 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
- f3
- f4
- f5
1988 c. 53; section 40 was amended by sections 40 and 59 of, and paragraph 50 of Schedule 9 and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).
- f6
- f7
2003 c. 17; section 130 was amended by sections 40 and 59 of, and paragraph 78 of Schedule 9 and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).
- f8
2021 c. 17; section 47 is in force in relation to specified areas, for remaining purposes it has effect from a date to be appointed.