Rule 42.11 Notice of appealI1
England and Wales
Where an appellant wishes to apply to the Court of Appeal for permission to appeal under section 31 of the Proceeds of Crime Act 2002f1, the appellant must serve a notice of appeal in the form issued under the Practice Direction on—
the Registrar;
the defendant;
the prosecutor, if the prosecutor is not the appellant; and
any person who the appellant thinks is or may be someone—
holding an interest in property in which the Crown Court determined the extent of the defendant’s interest under section 10A of the 2002 Actf2, and
who is neither the defendant nor the appellant.
When a notice of appeal is served on a respondent defendant, or other person under paragraph (1)(d), it must be accompanied by a respondent’s notice in the form issued under the Practice Direction for the respondent to complete and a notice which—
informs the respondent that the result of an appeal could be that the Court of Appeal would increase a confiscation order already imposed, make a confiscation order itself or direct the Crown Court to hold another confiscation hearing;
informs the respondent of any right under article 6 of the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003f3 to be present at the hearing of the appeal, although in custody;
invites the respondent to serve any notice on the Registrar—
to apply to the Court of Appeal for permission to be present at proceedings for which such permission is required under article 6 of the 2003 Order, or
to present any argument to the Court of Appeal on the hearing of the application or, if permission is given, the appeal, and whether the respondent wishes to present it in person or by means of a legal representative;
draws to the respondent’s attention the effect of rule 42.4 (Supply of documentary and other exhibits); and
advises the respondent to consult a solicitor as soon as possible.
The appellant must provide the Registrar with a certificate of service stating that the appellant has served the notice of appeal on each respondent or explaining why it has not been possible to do so.
The notice of appeal must—
specify each order or ruling against which the appellant wants to appeal;
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;
summarise the relevant facts;
identify any relevant authorities;
include or attach any application, with reasons, for an extension of time within which to serve the notice of appeal;
identify 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 42.5(1)(a) (Duty of Crown Court officer); and
unless an authority identified by the grounds of appeal is published by the Registrar as one frequently cited, include or attach—
an electronic copy of each authority so identified, or
if two or more such authorities not so published are identified, electronic copies of each together in a single electronic document.
The Registrar must, as soon as practicable, notify the court officer for the enforcing court, if any, of the service of the notice of appeal.
Where a person is entitled to receive a sum directed to be paid out of sums recovered under a confiscation order, the court officer for the enforcing court must, as soon as practicable, notify each such person of—
the appeal;
any suspension of that person’s entitlement pending appeal; and
any power for the Court of Appeal to vary or set aside that person’s entitlement on appeal.
[Note. See section 13 of the Proceeds of Crime Act 2002 and sections 134 and 141 of the Sentencing Act 2020. See also rule 42.8 (Notice of determination and renewal of application for permission to appeal) and the note to that rule.]
Annotations
Commencement
- I1
Rule 42.11 in force at 6.10.2025, see Preamble
Footnotes
- f1
2002 c. 29; section 31 was amended by section 74 of, and paragraphs 1 and 16 of Schedule 8 to, the Serious Crime Act 2007 (c. 27) and section 3 of the Serious Crime Act 2015 (c. 9).
- f2
2002 c. 29; section 10A was inserted by section 1 of the Serious Crime Act 2015 (c. 9).
- f3