Rule 42.16 Respondent’s noticeI1

England and Wales

(1)

This rule applies to an appeal under section 13B, 43 or 65 of the Proceeds of Crime Act 2002.

(2)

A respondent may serve a respondent’s notice on the Registrar.

(3)

A respondent who—

(a)

is seeking permission to appeal from the Court of Appeal; or

(b)

wishes to ask the Court of Appeal to uphold the decision of the Crown Court for reasons different from or additional to those given by the Crown Court,

must serve a respondent’s notice on the Registrar.

(4)

A respondent’s notice must be in the form issued under the Practice Direction and where the respondent seeks permission to appeal to the Court of Appeal it must be requested in the respondent’s notice.

(5)

A respondent’s notice must be served on the Registrar not later than 10 business days after—

(a)

the date the respondent is served with notification that the Court of Appeal has given the appellant permission to appeal; or

(b)

the date the respondent is served with notification that the application for permission to appeal and the appeal itself are to be heard together.

(6)

Unless the Registrar, a single judge or the Court of Appeal directs otherwise, the respondent serving a respondent’s notice must serve the notice on the appellant and any other respondent—

(a)

as soon as practicable; and

(b)

in any event not later than 5 business days,

after it is served on the Registrar.

(7)

A respondent’s notice 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 cited under paragraph (7)(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.

Annotations

Commencement

I1: Rule 42.16 in force at 6.10.2025, see Preamble