The Criminal Procedure Rules 2025

39.1 When this Part applies

(1) This Part applies where— (a) a defendant wants to appeal under— (i) Part 1 of the Criminal Appeal Act 1968, (ii) section 274(3) of the Criminal Justice Act 2003, (iii) paragraph 14 of Schedule 22 to the Criminal Justice Act 2003, or (iv) section 42 of the Counter Terrorism Act 2008; (b) the Criminal Cases Review Commission refers a case to the Court of Appeal under section 9 of the Criminal Appeal Act 1995; (c) a prosecutor wants to appeal to the Court of Appeal under section 14A(5A) of the Football Spectators Act 1989; (d) a party wants to appeal under section 389 of the Sentencing Act 2020; (e) a person found in contempt of court wants to appeal under section 13 of the Administration of Justice Act 1960 and section 18A of the Criminal Appeal Act 1968; or (f) a person wants to appeal to the Court of Appeal under— (i) section 24 of the Serious Crime Act 2007, (ii) section 28(5)(a) of the Offensive Weapons Act 2019, (iii) section 342I(2) of the 2020 Act, (iv) section 46(5) of the Domestic Abuse Act 2021; or (v) regulation 3C or 3H of the Costs in Criminal Cases (General) Regulations 1986. (2) A reference to an ‘appellant’ in this Part is a reference to such a party or person. [Note. Under Part 1 (sections 1 to 32) of the Criminal Appeal Act 1968, a defendant may appeal against— (a) a conviction (section 1 of the 1968 Act); (b) a sentence (sections 9 and 10 of the 1968 Act); (c) a verdict of not guilty by reason of insanity (section 12 of the 1968 Act); (d) a finding of disability or a finding that the defendant did the act or made the omission charged as an offence (section 15 of the 1968 Act); (e) a hospital order, interim hospital order or supervision order under section 5 or 5A of the Criminal Procedure (Insanity) Act 1964 (section 16A of the 1968 Act). See section 50 of the 1968 Act for the meaning of ‘sentence’. Under section 274(3) of the Criminal Justice Act 2003, a defendant sentenced to life imprisonment outside the United Kingdom, and transferred to serve the sentence in England and Wales, may appeal against the minimum term fixed by a High Court judge under section 321 of the Sentencing Act 2020. Under paragraph 14 of Schedule 22 to the Criminal Justice Act 2003 a defendant sentenced to life imprisonment may appeal against the minimum term fixed on review by a High Court judge in certain cases. Under section 42 of the Counter Terrorism Act 2008 a defendant may appeal against a decision of the Crown Court that an offence has a terrorist connection. See section 13 of the Criminal Appeal Act 1995 for the circumstances in which the Criminal Cases Review Commission may refer a conviction, sentence, verdict or finding to the Court of Appeal. Under section 14A(5A) of the Football Spectators Act 1989 a prosecutor may appeal against a failure by the Crown Court to make a football banning order. Under section 389 of the Sentencing Act 2020 a prosecutor or defendant may appeal against a review by a Crown Court judge of a sentence that was reduced because the defendant assisted the investigator or prosecutor. Under section 13 of the Administration of Justice Act 1960 a person in respect of whom an order or decision is made by the Crown Court in the exercise of its jurisdiction to punish for contempt of court may appeal to the Court of Appeal. Under section 24 of the Serious Crime Act 2007 a person who is the subject of a serious crime prevention order, or the relevant applicant authority, may appeal to the Court of Appeal against a decision of the Crown Court in relation to that order. In addition, any person who was given an opportunity to make representations in the proceedings by virtue of section 9(4) of the Act may appeal to the Court of Appeal against a decision of the Crown Court to make, vary or not vary a serious crime prevention order. Under section 28(5)(a) of the Offensive Weapons Act 2019 an applicant to the Crown Court for the variation, renewal or discharge of a knife crime prevention order made by that court, or a respondent to such an application, may appeal to the Court of Appeal against the decision of the Crown Court. Under section 342I(2) of the Sentencing Act 2020 an applicant to the Crown Court for the variation, renewal or discharge of a serious violence reduction order made by that court, or a respondent to such an application, may appeal to the Court of Appeal against the decision of the Crown Court. Under section 46(5), (7) of the Domestic Abuse Act 2021 an applicant to the Crown Court for the variation or discharge of a domestic abuse prevention order made by that court, or a respondent to such an application, may appeal to the Court of Appeal against the decision of the Crown Court. Under regulation 3C of the Costs in Criminal Cases (General) Regulations 1986, a legal representative against whom the Crown Court makes a wasted costs order under section 19A of the Prosecution of Offences Act 1985 and regulation 3B may appeal against that order to the Court of Appeal. Under regulation 3H of the Costs in Criminal Cases (General) Regulations 1986, a third party against whom the Crown Court makes a costs order under section 19B of the Prosecution of Offences Act 1985 and regulation 3F may appeal against that order to the Court of Appeal. The rules in Part 36 (Appeal to the Court of Appeal: general rules) also apply where this Part applies.]