Rule 39.2 Service of appeal noticeI1

England and Wales

(1)

The appellant must serve an appeal notice on the Registrar—

(a)

not more than 28 days after—

(i)

the conviction, verdict, or finding,

(ii)

the sentence,

(iii)

the order (subject to paragraph (b)), or the failure to make an order, or

(iv)

the minimum term review decision under section 274(3) of, or paragraph 14 of Schedule 22 to, the Criminal Justice Act 2003

about which the appellant wants to appeal;

(b)

not more than 15 business days after the order in a case in which the appellant appeals against a wasted or third party costs order; and

(c)

not more than 20 business days after the Registrar serves notice that the Criminal Cases Review Commission has referred a conviction to the court.

(2)

Unless the appeal notice includes grounds of appeal prepared by the person who was appointed to put the case for the defence under rule 25.10 (Defendant unfit to plead), paragraphs (3), (4) and (5) of this rule apply where the appeal is about—

(a)

a finding of disability under section 4 of the Criminal Procedure (Insanity) Act 1964^f1;

(b)

a finding under section 4A of the 1964 Act^f2 that the defendant did the act or made the omission charged as an offence; or

(c)

a hospital order, interim hospital order or supervision order made under section 5 or 5A of the 1964 Act^f3.

(3)

The Registrar must refer the appeal notice to a judge of the Court of Appeal for the judge to give or refuse to give procedural directions under section 31B of the Criminal Appeal Act 1968^f4.

(4)

The judge may—

(a)

give such procedural directions as the case requires where the appeal notice includes grounds of appeal that the judge considers reasonably arguable; or

(b)

refuse to give such directions, in any other case.

(5)

Such procedural directions may include—

(a)

a direction for the appointment of a person to put the case for the appellant on appeal;

(b)

a direction to commission medical evidence; and

(c)

a direction for the reference of the case to the judge again to give, or to refuse to give, further directions.

[Note. The time limit for serving an appeal notice (a) on an appeal under Part 1 of the Criminal Appeal Act 1968 and (b) on an appeal against a finding of contempt of court is prescribed by sections 18 and 18A of the Criminal Appeal Act 1968. It may be extended, but not shortened.

For service of a reference by the Criminal Cases Review Commission, see rule 39.5.

Under section 31C of the 1968 Act^f5 a party has no right to renew to the Court of Appeal an application for procedural directions refused by a judge.]

Annotations

Commencement

I1: Rule 39.2 in force at 6.10.2025, see Preamble

Footnotes

f1: 1964 c. 84; section 4 was substituted, together with section 4A, for section 4 as originally enacted, by section 2 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), and amended by section 22 of the Domestic Violence, Crime and Victims Act 2004 (c. 28).
f2: See the immediately preceding footnote.
f3: 1964 c. 84; section 5 was substituted, and section 5A inserted, by section 24 of the Domestic Violence, Crime and Victims Act 2004 (c. 28). Section 5A was amended by section 15 of the Mental Health Act 2007 (c. 12).
f4: 1968 c. 19; section 31B was inserted by section 87 of the Courts Act 2003 (c. 39).
f5: 1968 c. 19; section 31C was inserted by section 87 of the Courts Act 2003 (c. 39) and amended by sections 47 and 149 of, and paragraphs 1 and 12 of Schedule 8 and Part 3 of Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4).