Rule 42.12 Respondent’s noticeI1

England and Wales As made

(1)

This rule applies where a respondent is served with a notice of appeal under rule 42.11.

(2)

If the respondent wishes to oppose the application for permission to appeal, the respondent must, not more than 10 business days after service of the notice of appeal, serve on the Registrar and on the appellant a respondent’s notice in the form issued under the Practice Direction which must—

(a)

give the date on which the respondent was served with the appeal notice;

(b)

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

(c)

summarise any relevant facts not already summarised in the appeal notice;

(d)

identify any relevant authorities;

(e)

include or attach any application, with reasons, for—

(i)

an extension of time within which to serve the respondent’s notice, or

(ii)

a direction to attend in person a hearing that the respondent could attend by live link, if the respondent is in custody;

(f)

identify any document or thing that the respondent 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

(g)

unless an authority identified by the respondent’s notice 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.

(3)

The time for giving notice under this rule may be extended by the Registrar, a single judge or by the Court of Appeal.

(4)

Where the Registrar refuses an application under paragraph (3) for the extension of time, the respondent is entitled to have the application determined by a single judge.

(5)

Where a single judge refuses an application under paragraph (3) or (4) for the extension of time, the respondent is entitled to have the application determined by the Court of Appeal.

Annotations

Commencement

I1: Rule 42.12 in force at 6.10.2025, see Preamble