Rule 34.9 Abandoning an appealI1

England and Wales

(1)

The appellant—

(a)

may abandon an appeal without the Crown Court’s permission, by serving a notice of abandonment on—

(i)

the magistrates’ court officer,

(ii)

the Crown Court officer, and

(iii)

every other party

before the hearing of the appeal begins; but

(b)

after the hearing of the appeal begins, may only abandon the appeal with the Crown Court’s permission.

(2)

A notice of abandonment must be signed by or on behalf of the appellant.

(3)

Where an appellant who is on bail pending appeal abandons an appeal—

(a)

the appellant must surrender to custody as directed by the magistrates’ court officer; and

(b)

any conditions of bail apply until then.

[Note. Where an appellant abandons an appeal to the Crown Court, both the Crown Court and the magistrates’ court have power to make a costs order against that appellant in favour of the respondent: see section 52 of the Senior Courts Act 1981^f1 and section 109 of the Magistrates’ Courts Act 1980^f2. Part 45 contains rules about costs on abandoning an appeal.]

Annotations

Commencement

I1: Rule 34.9 in force at 6.10.2025, see Preamble

Footnotes

f1: 1981 c. 54; section 52 was amended by section 31(5) of, and Part II of Schedule 1 to, the Prosecution of Offences Act 1985 (c. 23), section 4 of the Courts and Legal Services Act 1990 (c. 41), article 3 of, and paragraphs 11 and 12(a) of the Schedule to, S.I. 2004/2035, and section 59(5) of, and paragraph 26(1) and (2) of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4). The Act’s title was amended by section 59(5) of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).
f2: 1980 c. 43; section 109(2) was amended by section 109(1) of, and paragraph 234 of Schedule 8 to, the Courts Act 2003 (c. 39).