OpenLegislation

Rule 40.4 Advance notice of appeal against order restricting public accessI1

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 appellant wants to appeal against an order restricting public access to a trial.

(2)

The appellant may serve advance written notice of intention to appeal against any such order that may be made.

(3)

The appellant must serve any such advance notice—

(a)

on—

(i)

the Crown Court officer,

(ii)

the Registrar,

(iii)

the parties, and

(iv)

any other person who will be directly affected by the order against which the appellant intends to appeal, if it is made; and

(b)

not more than 5 business days after the Crown Court officer displays notice of the application for the order.

(4)

The advance notice must include the same information (with the necessary adaptations) as an appeal notice.

(5)

The court must treat that advance notice as the appeal notice if the order is made.

Annotations

Commencement

I1

Rule 40.4 in force at 6.10.2025, see Preamble