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The Criminal Justice Act 1987 (Preparatory Hearings) (Interlocutory Appeals) Rules 1988

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Notice of appeal

3.—(1) An application to the judge of the Crown Court for leave to appeal under section 9(11) of the Act of 1987 shall be made orally within two days of the making of the order or ruling to which it relates.

(2) Unless the application is made on the occasion of the order or ruling to which it relates, the appellant shall serve notice in writing thereof, specifying the grounds of the application, on the appropriate officer of the Crown Court and on all parties to the hearing directly affected by the order or ruling in question.

(3) The appellant shall within seven days from the said order or ruling serve notice of appeal therefrom or, as the case may be, of an application to the Court of Appeal for leave to appeal on—

(a)the registrar;

(b)the appropriate officer of the Crown Court; and

(c)all parties to the preparatory hearing directly affected by the said order or ruling.

(4) The time for giving notice under paragraph (3) above may be extended, before or after it expires, by the Court of Appeal.

(5) A notice of appeal or of an application for leave to appeal shall be in Form IA(1).

(6) If notice in writing of an application for leave to appeal was, under paragraph (2) above, served on the Crown Court, a copy thereof shall accompany the notice of appeal or, as the case may be, of an application for leave to appeal required under paragraph (3) above to be served on the registrar.

(7) Notice of appeal or of an application for leave to appeal may be given either in respect of the whole or any part of the order to which it relates and shall—

(a)specify any question of law in respect of which the appeal is brought and, where appropriate, such facts of the case as are necessary for its proper consideration;

(b)summarise the arguments intended to be put to the Court of Appeal; and

(c)specify any authorities intended to be cited.

(8) Where the judge of the Crown Court has given leave to appeal the notice of appeal shall state that fact and specify the grounds on which leave is given.

(9) Notice of appeal or of an application for leave to appeal shall be accompanied by any documents or other things (or copies thereof) necessary for the proper determination of the appeal or application.

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