{
  "url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-39.12",
  "json_url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-39.12.json",
  "legislation": "uksi/2025/909",
  "legislation_title": "The Criminal Procedure Rules 2025",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-rules-2025",
  "path": "rule/39.12",
  "kind": "rule",
  "number": "39.12",
  "heading": "Power to vary determination of appeal against sentence",
  "text": "(1) This rule applies where the court decides an appeal affecting sentence in a party’s absence.\n(2) The court may vary such a decision if it did not take account of something relevant because that party was absent.\n(3) A party who wants the court to vary such a decision must—\n(a) apply in writing, with reasons; and\n(b) serve the application on the Registrar not more than 5 business days after—\n(i) the decision, if that party was represented at the appeal hearing, or\n(ii) the Registrar serves the decision, if that party was not represented at that hearing.\n[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.]",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 39.12 in force at 6.10.2025, see Preamble"
    }
  ],
  "outstanding_effects": [
    {
      "type": "word inserted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    },
    {
      "type": "word omitted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/909/rule/39.12",
    "retrieved_at": "2026-10-28T21:12:44.140935+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}