Rule 34.3 Form of appeal and respondent’s noticesI1

England and Wales

(1)

The appeal notice must—

(a)

specify—

(i)

the conviction or finding of guilt,

(ii)

the sentence, or

(iii)

the order, or the failure to make an order

about which the appellant wants to appeal;

(b)

summarise the issues;

(c)

in an appeal against conviction or against a finding of guilt, to the best of the appellant’s ability and to assist the court in fulfilling its duty under rule 3.2 (the court’s duty of case management)—

(i)

identify the witnesses who gave oral evidence in the magistrates’ court,

(ii)

identify the witnesses who gave written evidence in the magistrates’ court,

(iii)

identify the prosecution witnesses whom the appellant will want to question if they are called to give oral evidence in the Crown Court,

(iv)

identify the likely defence witnesses,

(v)

give notice of any special arrangements or other measures that the appellant thinks are needed for witnesses,

(vi)

explain whether the issues in the Crown Court differ from the issues in the magistrates’ court, and if so how, and

(vii)

say how long the trial lasted in the magistrates’ court and how long the appeal is likely to last in the Crown Court;

(d)

in an appeal against a sentence, order or failure to make an order—

(i)

identify any circumstances, report or other information of which the appellant wants the court to take account, and

(ii)

explain the significance of those circumstances or that information to what is in issue;

(e)

in an appeal against a finding that the appellant insulted someone or interrupted proceedings in the magistrates’ court, attach—

(i)

the magistrates’ court’s written findings of fact, and

(ii)

the appellant’s response to those findings;

(f)

say whether the appellant has asked the magistrates’ court to reconsider the case; and

(g)

include a list of those on whom the appellant has served the appeal notice.

(2)

A respondent’s notice must—

(a)

give the date on which the respondent was served with the appeal notice; and

(b)

to assist the court in fulfilling its duty under rule 3.2—

(i)

identify the witnesses who gave oral evidence in the magistrates’ court,

(ii)

identify the witnesses who gave written evidence in the magistrates’ court,

(iii)

identify the prosecution witnesses whom the respondent intends to call to give oral evidence in the Crown Court,

(iv)

give notice of any special arrangements or other measures that the respondent thinks are needed for witnesses,

(v)

explain whether the issues in the Crown Court differ from the issues in the magistrates’ court, and if so how, and

(vi)

say how long the trial lasted in the magistrates’ court and how long the appeal is likely to last in the Crown Court.

(3)

Paragraph (4) applies in an appeal against conviction or against a finding of guilt where in the magistrates’ court a party to the appeal—

(a)

introduced in evidence material to which applies—

(i)

Part 16 (Written witness statements),

(ii)

Part 19 (Expert evidence),

(iii)

Part 20 (Hearsay evidence),

(iv)

Part 21 (Evidence of bad character), or

(v)

Part 22 (Evidence of a complainant’s previous sexual behaviour); or

(b)

made an application to which applies—

(i)

Part 17 (Witness summonses, warrants and orders),

(ii)

Part 18 (Measures to assist a witness or defendant to give evidence), or

(iii)

Part 23 (Restriction on cross-examination by a defendant).

(4)

If such a party wants to reintroduce that material or to renew that application in the Crown Court that party must include a notice to that effect in the appeal or respondent’s notice, as the case may be.

[Note. In some cases, a magistrates’ court can reconsider a conviction, sentence or other order and make a fresh decision. See section 142 of the Magistrates’ Courts Act 1980^f1.

See also rule 3.13 (Conduct of a trial or an appeal).]

Annotations

Commencement

I1: Rule 34.3 in force at 6.10.2025, see Preamble

Footnotes

f1: 1980 c. 43; section 142 was amended by sections 26 and 29 of, and Schedule 3 to, the Criminal Appeal Act 1995 (c. 35).