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Rule 38.1 When this Part appliesI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This Part applies where a prosecutor wants to appeal under section 58(2) of the Criminal Justice Act 2003f1.

(2)

A reference to an ‘appellant’ in this Part is a reference to such a prosecutor.

[Note. Under section 58(2) of the Criminal Justice Act 2003 a prosecutor may appeal to the Court of Appeal against a ruling in the Crown Court. See also sections 57 and 59 to 61 of the 2003 Act.

The rules in Part 36 (Appeal to the Court of Appeal: general rules) also apply where this Part applies.]

Annotations

Commencement

I1

Rule 38.1 in force at 6.10.2025, see Preamble

Footnotes

f1

2003 c. 44.