{
  "url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-47.45",
  "json_url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-47.45.json",
  "legislation": "uksi/2025/909",
  "legislation_title": "The Criminal Procedure Rules 2025",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-rules-2025",
  "path": "rule/47.45",
  "kind": "rule",
  "number": "47.45",
  "heading": "Appeal",
  "text": "(1) This rule applies where, under rule 47.44, a magistrates’ court determines an application relating to fingerprints or a DNA profile and—\n(a) the person from whom the material was taken wants to appeal to the Crown Court against an order extending the retention period; or\n(b) a chief officer of police wants to appeal to the Crown Court against a refusal to make such an order.\n(2) The appellant must—\n(a) serve an appeal notice—\n(i) on the Crown Court officer and on the other party, and\n(ii) not more than 15 business days after the magistrates’ court’s decision, or, if applicable, service of notice under rule 47.44(5); and\n(b) in the appeal notice, explain, as appropriate, why the retention period should, or should not, be extended.\n(3) Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.\n[Note. Under section 63F(10) of the Police and Criminal Evidence Act 1984, under paragraph 20B(8) of Schedule 8 to the Terrorism Act 2000 and under paragraph 20(9) of Schedule 6 to the National Security Act 2023, the person from whom fingerprints were taken, or from whom a DNA profile derives, may appeal to the Crown Court against an order extending the retention period; and a chief officer of police may appeal to the Crown Court against the refusal of such an order.]",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 47.45 in force at 6.10.2025, see Preamble"
    }
  ],
  "outstanding_effects": [
    {
      "type": "word inserted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    },
    {
      "type": "word omitted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/909/rule/47.45",
    "retrieved_at": "2026-10-28T21:12:44.140935+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}