{
  "url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-40.1",
  "json_url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-40.1.json",
  "legislation": "uksi/2025/909",
  "legislation_title": "The Criminal Procedure Rules 2025",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-rules-2025",
  "path": "rule/40.1",
  "kind": "rule",
  "number": "40.1",
  "heading": "When this Part applies",
  "text": "(1) This Part applies where a person directly affected by an order to which section 159(1) of the Criminal Justice Act 1988 applies wants to appeal against that order.\n(2) A reference to an ‘appellant’ in this Part is a reference to such a party.\n[Note. Section 159(1) of the Criminal Justice Act 1988 gives a ‘person aggrieved’ (in this Part described as a person directly affected) a right of appeal to the Court of Appeal against a Crown Court judge’s order—\n(a) under section 4 or 11 of the Contempt of Court Act 1981;\n(b) under section 58(7) of the Criminal Procedure and Investigations Act 1996;\n(c) restricting public access to any part of a trial for reasons of national security or for the protection of a witness or other person; or\n(d) restricting the reporting of any part of a trial.\nSee also Part 6 (Reporting, etc. restrictions) and Part 18 (Measures to assist a witness or defendant to give evidence).\nThe rules in Part 36 (Appeal to the Court of Appeal: general rules) also apply where this Part applies.]",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 40.1 in force at 6.10.2025, see Preamble"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1988 c. 33; section 159(1) was amended by section 61 of the Criminal Procedure and Investigations Act 1996 (c. 25)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1981 c. 49; section 4 was amended by section 57 of the Criminal Procedure and Investigations Act 1996 (c. 25), section 16 of, and Schedule 2 to, the Defamation Act 1996 (c. 31), paragraph 53 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) and the Statute Law (Repeals) Act 2004 (c. 14)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1996 c. 25."
    }
  ],
  "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/40.1",
    "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."
}