Rule 40.3 Form of appeal noticeI1

England and Wales

(1)

An appeal notice must be in the form issued under the Practice Direction.

(2)

The appeal notice must—

(a)

specify the order against which the appellant wants to appeal;

(b)

identify each ground of appeal on which the appellant relies, numbering them consecutively (if there is more than one) and concisely outlining each argument in support;

(c)

summarise the relevant facts;

(d)

identify any relevant authorities;

(e)

include or attach, with reasons—

(i)

an application for permission to appeal,

(ii)

any application for an extension of time within which to serve the appeal notice,

(iii)

any application for a direction to attend in person a hearing that the appellant could attend by live link, if the appellant is in custody,

(iv)

any application for permission to introduce evidence, and

(v)

a list of those on whom the appellant has served the appeal notice;

(f)

attach any document or thing that the appellant thinks the court will need to decide the appeal and include or attach an electronic link to each such document that has been made available to the Registrar under rule 36.8(1)(a) (Duty of Crown Court officer); and

(g)

unless an authority cited by the grounds of appeal (see paragraph (2)(d)) is published by the Registrar as one frequently cited, include or attach—

(i)

an electronic copy of each authority so identified, or

(ii)

if two or more such authorities not so published are identified, electronic copies of each together in a single electronic document.

[Note. An appellant needs the court’s permission to appeal in every case to which this Part applies.

A Court of Appeal judge may give permission to appeal under section 31(2B) of the Criminal Appeal Act 1968^f1.]

Annotations

Commencement

I1: Rule 40.3 in force at 6.10.2025, see Preamble

Footnotes

f1: 1968 c. 19; section 31(2B) was inserted by section 170 of, and paragraphs 20 and 30 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33).