38.5.—(1) An appellant who wants the Crown Court judge to give permission to appeal must—
(a)apply orally, with reasons, immediately after the ruling against which the appellant wants to appeal; or
(b)apply in writing and serve the application on—
(i)the Crown Court officer, and
(ii)every defendant directly affected by the ruling
on the expiry of the time allowed under rule 67.2 to decide whether to appeal.
(2) A written application must include the same information (with the necessary adaptations) as an appeal notice.
(3) The Crown Court judge must allow every defendant directly affected by the ruling an opportunity to make representations.
(4) The general rule is that the Crown Court judge must decide whether or not to give permission to appeal on the day that the application for permission is made.
[Note. For the Crown Court judge’s power to give permission to appeal, see section 57(4) of the Criminal Justice Act 2003.
Rule 38.5(3) does not apply where the appellant wants to appeal against a public interest ruling: see rule 38.8(5).]