The Criminal Procedure (Amendment) Rules 2018

Amendments to the Criminal Procedure Rules 2015

16.  In Part 39 (Appeal to the Court of Appeal about conviction or sentence)—

(a) in rule 39.3 (Form of appeal notice)—

(i) omit paragraph (1),

(ii) renumber paragraph (2) as paragraph (1),

(iii) in paragraph (1), as thus renumbered, at the beginning of the paragraph, for “The appeal notice” substitute “An appeal notice”,

(iv) for paragraph (1)(b), as thus renumbered, substitute—

“(b) identify each ground of appeal on which the appellant relies (and see paragraph (2));”,

(v) for paragraph (1)(e), (f), (g), (h), as thus renumbered, substitute—

“(e) include or attach any application for the following, with reasons—

(i) permission to appeal, if the appellant needs the court’s permission,

(ii) an extension of time within which to serve the appeal notice,

(iii) bail pending appeal,

(iv) a direction to attend in person a hearing that the appellant could attend by live link, if the appellant is in custody,

(v) the introduction of evidence, including hearsay evidence and evidence of bad character,

(vi) an order requiring a witness to attend court,

(vii) a direction for special measures for a witness,

(viii) a direction for special measures for the giving of evidence by the appellant;

(f) identify any other document or thing that the appellant thinks the court will need to decide the appeal.”,

(vi) after paragraph (1), as thus renumbered, insert—

“(2) The grounds of appeal must—

(a) include in no more than the first two pages a summary of the grounds that makes what then follows easy to understand;

(b) in each ground of appeal identify the event or decision to which that ground relates;

(c) in each ground of appeal summarise the facts relevant to that ground, but only to the extent necessary to make clear what is in issue;

(d) concisely outline each argument in support of each ground;

(e) number each ground consecutively, if there is more than one;

(f) identify any relevant authority and—

(i) state the proposition of law that the authority demonstrates, and

(ii) identify the parts of the authority that support that proposition; and

(g) where the Criminal Cases Review Commission refers a case to the court, explain how each ground of appeal relates (if it does) to the reasons for the reference.”; and

(vii) in the note to the rule, after “Note” insert “The Practice Direction sets out a form of appeal notice for use in connection with this rule.”; and

(b) in the note to rule 39.7 (Introducing evidence) for “39.3(2)(h)(v), (vi)” substitute “39.3(1)(e)(v), (vi)”.