# The Criminal Procedure Rules 2025, Rule 34.9: Abandoning an appeal

Extent: E+W

(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 and section 109 of the Magistrates’ Courts Act 1980. Part 45 contains rules about costs on abandoning an appeal.]

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/34.9 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-34.9/enacted
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.