OpenLegislation

Rule 39.12 Power to vary determination of appeal against sentenceI1

England and Wales

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

(1)

This rule applies where the court decides an appeal affecting sentence in a party’s absence.

(2)

The court may vary such a decision if it did not take account of something relevant because that party was absent.

(3)

A party who wants the court to vary such a decision must—

(a)

apply in writing, with reasons; and

(b)

serve the application on the Registrar not more than 5 business days after—

(i)

the decision, if that party was represented at the appeal hearing, or

(ii)

the Registrar serves the decision, if that party was not represented at that hearing.

[Note. Section 22(3) of the Criminal Appeal Act 1968 allows the court to sentence in an appellant’s absence. There are corresponding provisions in the Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005 and in the Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006.]

Annotations

Commencement

I1

Rule 39.12 in force at 6.10.2025, see Preamble