Article 39 Lodging of Appeal
Where in proceedings for an offence under the Measure the accused wishes to appeal on a question of fact, or either party wishes to appeal on a question of law, from a judgment of the consistory court to the Arches Court of Canterbury or, as the case may be, the Chancery Court of York, the appeal must be lodged, in the manner hereinafter provided, within 28 days after the decision of the consistory court.
The lodging of an appeal shall be effected by—
lodging six copies of the notice of appeal with the registrar of the appellate court,
lodging one copy thereof with the registrar (as defined in rule 2),
serving one copy on the other party.
The notice shall be in the appropriate form set out in the Appendix and shall state the grounds of the appeal and, if the judgment of the consistory court comprised findings in respect of two or more offences, and the appeal is from one or some of the findings only, shall specify the finding or findings appealed from.
Except with the leave of the appellate court, the appellant shall not be entitled on the hearing of the appeal to rely on any grounds not stated in the notice of appeal, whether as originally lodged or, if amended under the next following rule, as so amended.
The registrar of the appellate court shall file one copy of the notice of appeal in the registry of the court.
As soon as he receives his copy of the notice of appeal, the registrar (as defined in rule 2) shall transmit the record of the proceedings, and any documents and exhibits lodged with him or in his custody relating to the proceedings, to the registrar of the appellate court, and shall also request the judge of the consistory court to send his note of the trial to the registrar of the appellate court; and the parties shall be entitled, on reasonable notice, to inspect the said record, documents, exhibits and judge's note and to take extracts therefrom or make copies thereof.