Solon does not know this law's official route yet. The proposal is recorded all the same, and the route appears here once its source is added.
660 provisions
41.3 Form of notice of reference and application for permission
(1) A notice of reference and an application for permission to refer a sentencing case must give the year and number of that reference or that case.
(2) A notice of reference of a point of law must—
(a) specify the point of law in issue and indicate the opinion that the Attorney General invites the court to give;
(b) identify each ground for that invitation, numbering them consecutively (if there is more than one) and concisely outlining each argument in support;
(c) exclude any reference to the defendant’s name and any other reference that may identify the defendant;
(d) summarise the relevant facts; and
(e) identify any relevant authorities.
(3) An application for permission to refer a sentencing case must—
(a) give details of—
(i) the defendant affected,
(ii) the date and place of the relevant Crown Court decision, and
(iii) the relevant verdict and sentencing;
(b) explain why that sentencing appears to the Attorney General unduly lenient, concisely outlining each argument in support; and
(c) include the application for permission to refer the case to the court.
(4) A notice of reference of a sentencing case must—
(a) include the same details and explanation as the application for permission to refer the case;
(b) summarise the relevant facts; and
(c) identify any relevant authorities.
(5) Where the court gives the Attorney General permission to refer a sentencing case, it may treat the application for permission as the notice of reference.
(6) A notice of reference must include or attach—
(a) an electronic link to each material document that has been made available to the Registrar under rule 36.8(1)(a) (Duty of Crown Court officer); and
(b) unless an authority identified under paragraph (2)(e) or 4(c) is published by the Registrar as one frequently cited—
(i) an electronic copy of each authority so identified, or
(ii) if two or more such authorities not so published are identified then electronic copies of each together in a single electronic document.
(1) A defendant on whom the Attorney General serves a notice of reference or an application for permission to refer a sentencing case may serve a respondent’s notice, and must do so if—
(a) the defendant wants to make representations to the court; or
(b) the court so directs.
(2) Such a defendant must serve the respondent’s notice on—
(a) the Attorney General; and
(b) the Registrar.
(3) Such a defendant must serve the respondent’s notice—
(a) where the Attorney General refers a point of law, not more than 20 business days after—
(i) the Attorney serves the reference, or
(ii) a direction to do so; or
(b) where the Attorney General applies for permission to refer a sentencing case, not more than 10 business days after—
(i) the Attorney serves the application, or
(ii) a direction to do so.
(4) Where the Attorney General refers a point of law, the respondent’s notice must—
(a) give the date on which the respondent was served with the notice of reference;
(b) identify each ground of opposition on which the respondent relies, numbering them consecutively (if there is more than one), concisely outlining each argument in support and identifying the Attorney General’s ground or reason to which each relates;
(c) summarise any relevant facts not already summarised in the reference;
(d) identify any relevant authorities; and
(e) include or attach any application for the following, with reasons—
(i) an extension of time within which to serve the respondent’s notice,
(ii) permission to attend a hearing that the respondent does not have a right to attend, or
(iii) a direction to attend in person a hearing that the respondent could attend by live link, if the respondent is in custody.
(5) Where the Attorney General applies for permission to refer a sentencing case, the respondent’s notice must—
(a) give the date on which the respondent was served with the application;
(b) say if the respondent wants to make representations at the hearing of the application or reference; and
(c) include or attach any application for the following, with reasons—
(i) an extension of time within which to serve the respondent’s notice,
(ii) permission to attend a hearing that the respondent does not have a right to attend, or
(iii) a direction to attend in person a hearing that the respondent could attend by live link, if the respondent is in custody.
(6) A respondent’s notice must include or attach—
(a) an electronic link to each material document that has been made available to the Registrar under rule 36.8(1)(a) (Duty of Crown Court officer); and
(b) unless an authority identified under paragraph 4(d) is published by the Registrar as one frequently cited—
(i) an electronic copy of each authority so identified, or
(ii) if two or more such authorities not so published are identified then electronic copies of each together in a single electronic document.
41.5 Variation or withdrawal of notice of reference or application for permission
(1) This rule applies where the Attorney General wants to vary or withdraw—
(a) a notice of reference; or
(b) an application for permission to refer a sentencing case.
(2) The Attorney General—
(a) may vary or withdraw the notice or application without the court’s permission by serving notice on—
(i) the Registrar, and
(ii) the defendant
before any hearing of the reference or application; but
(b) at any such hearing, may only vary or withdraw that notice or application with the court’s permission.
(1) A respondent who is in custody has a right to attend a hearing in public unless it is a hearing preliminary or incidental to a reference, including the hearing of an application for permission to refer a sentencing case.
(2) The court or the Registrar may direct that such a respondent is to attend a hearing by live link.
[Note. See rule 36.6 (Hearings) and paragraphs 6 and 7 of Schedule 3 to the Criminal Justice Act 1988. Under paragraph 8 of that Schedule, the Court of Appeal may sentence in the absence of a defendant whose sentencing is referred.]
41.7 Anonymity of defendant on reference of point of law
Where the Attorney General refers a point of law, the court must not allow anyone to identify the defendant during the proceedings unless the defendant gives permission.
(1) An application to extend the time limit for giving notice of application for permission to appeal under Part 2 of the Proceeds of Crime Act 2002 must—
(a) be included in the notice of appeal; and
(b) state the grounds for the application.
(2) The parties may not agree to extend any date or time limit set by this Part or by the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003.
Rule 39.3 (Form of appeal notice) applies in relation to an application—
(a) by a party to an appeal under Part 2 of the Proceeds of Crime Act 2002 that, under article 7 of The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003, a witness be ordered to attend or that the evidence of a witness be received by the Court of Appeal; or
(b) by the defendant to be given permission by the court to be present at proceedings for which permission is required under article 6 of the 2003 Order,
as it applies in relation to applications under Part I of the Criminal Appeal Act 1968 and the form in which rule 39.3 requires notice to be given may be modified as necessary.
Rule 36.7 (Notice of hearings and decisions) applies in relation to an order of the court under article 7 of the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003 to require a person to attend for examination as it applies in relation to such an order of the court under Part I of the Criminal Appeal Act 1968.
Rule 36.11 (Registrar’s duty to provide copy documents for appeal or reference) applies in relation to an appellant or respondent under Part 2 of the Proceeds of Crime Act 2002 as it applies in relation to an appellant and respondent under Part I of the Criminal Appeal Act 1968.
(1) To assist the Court of Appeal in the exercise of its jurisdiction under Part 2 of the Proceeds of Crime Act 2002, the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003 or this Part the Crown Court officer must—
(a) where electronic arrangements have been made to receive and store information and documents for the Crown Court, as soon as practicable ensure that all such material is available to the Registrar in accordance with those arrangements; and
(b) provide the Registrar with any document, object or information for which the Registrar asks, within such period as the Registrar may require.
(2) Where someone may appeal to the Court of Appeal, the Crown Court officer must keep any document or object exhibited in the proceedings in the Crown Court, or arrange for it to be kept by some other appropriate person, until—
(a) 6 weeks after the conclusion of those proceedings; or
(b) the conclusion of any appeal proceedings that begin within that 6 week period,
unless the court, the Registrar or the Crown Court otherwise directs.
Rule 36.6(6) (Hearings) applies in relation to a judge exercising any of the powers referred to in article 8 of the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003 or the powers in rules 42.12(3) and (4) (Respondent’s notice), 42.15(2) (Notice of appeal) and 42.16(6) (Respondent’s notice), as it applies in relation to a judge exercising the powers referred to in section 31(2) of the Criminal Appeal Act 1968.
Rule 36.5 (Renewing an application refused by a judge or the Registrar) applies where a single judge has refused an application by a party to exercise in that party’s favour any of the powers listed in article 8 of the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003, or the power in rule 42.12(3) or (4) as it applies where the judge has refused to exercise the powers referred to in section 31(2) of the Criminal Appeal Act 1968.
42.8 Notice of determination and renewal of application for permission to appeal
(1) Paragraphs (2) and (3) of this rule apply where a single judge or the Court of Appeal has determined an application or appeal under the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003 or under Part 2 of the Proceeds of Crime Act 2002.
(2) The Registrar must, as soon as practicable, serve notice of the determination on all of the parties to the proceedings.
(3) Where a single judge or the Court of Appeal has disposed of an application for permission to appeal or an appeal under section 31 of the 2002 Act, the Registrar must also, as soon as practicable, serve the order on the Crown Court officer and the court officer for the magistrates’ court responsible for enforcing any confiscation order which the Crown Court has made (the ‘enforcing court’).
(4) Paragraphs (5) and (6) of this rule apply where—
(a) a single judge has refused an application for permission to appeal under section 31 of the 2002 Act, and
(b) the appellant renews that application, in time or with an application to extend the time within which to renew.
(5) The Registrar must, as soon as practicable, notify the court officer for the enforcing court, if any, of the service of that renewed application.
(6) Unless a single judge, the Court of Appeal or the enforcing court otherwise directs, pending disposal of the renewed application the court officer for the enforcing court must withhold the payment of any sum not yet paid—
(a) which under section 13(6) of the 2002 Act was directed to be paid out of sums recovered under a confiscation order, and
(b) the payment of which is suspended pending appeal.
[Note. See also rule 42.11 (Notice of appeal) under which (i) the Registrar must notify the court officer for the enforcing court of the service of a notice of appeal, and (ii) that court officer must notify any person whose entitlement to payment of a sum is suspended by that appeal.
Under section 13 of the Proceeds of Crime Act 2002, if the Crown Court makes a confiscation order and one or more priority orders, as defined in that section, against the same defendant in the same proceedings then in some circumstances the court must direct that part or all of the priority order must be paid out of sums recovered under the confiscation order.
A compensation order under section 134 of the Sentencing Act 2020 is such a priority order. Under section 141(1) of the 2020 Act, a person in whose favour a compensation order is made is not entitled to receive the amount due until there is no further possibility of the order being varied or set aside on appeal (disregarding any power to grant leave to appeal out of time). Under section 141(2) of the 2020 Act, Criminal Procedure Rules may make provision about the way in which the enforcing court is to deal with money paid in satisfaction of a compensation order where the entitlement of the person in whose favour it was made is suspended.]
Rule 5.5 (Recording and transcription of proceedings in the Crown Court) and rule 36.9 (Duty of person transcribing proceedings in the Crown Court) apply in relation to proceedings in respect of which an appeal lies to the Court of Appeal under Part 2 of the Proceeds of Crime Act 2002 as they apply in relation to proceedings in respect of which an appeal lies to the Court of Appeal under Part I of the Criminal Appeal Act 1968.
(1) An application to the Court of Appeal for permission to appeal to the Supreme Court under Part 2 of the Proceeds of Crime Act 2002 must be made—
(a) orally after the decision of the Court of Appeal from which an appeal lies to the Supreme Court; or
(b) in the form issued under the Practice Direction, in accordance with article 12 of the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003 and served on the Registrar.
(2) The application may be abandoned at any time before it is heard by the Court of Appeal by serving notice in writing on the Registrar.
(3) Rule 36.6(6) (Hearings) applies in relation to a single judge exercising any of the powers referred to in article 15 of the 2003 Order, as it applies in relation to a single judge exercising the powers referred to in section 31(2) of the Criminal Appeal Act 1968.
(4) Rule 36.5 (Renewing an application refused by a judge or the Registrar) applies where a single judge has refused an application by a party to exercise in that party’s favour any of the powers listed in article 15 of the 2003 Order as they apply where the judge has refused to exercise the powers referred to in section 31(2) of the 1968 Act.
(5) The form in which rule 36.5(2) requires an application to be made may be modified as necessary.
(1) Where an appellant wishes to apply to the Court of Appeal for permission to appeal under section 31 of the Proceeds of Crime Act 2002, the appellant must serve a notice of appeal in the form issued under the Practice Direction on—
(a) the Registrar;
(b) the defendant;
(c) the prosecutor, if the prosecutor is not the appellant; and
(d) any person who the appellant thinks is or may be someone—
(i) holding an interest in property in which the Crown Court determined the extent of the defendant’s interest under section 10A of the 2002 Act, and
(ii) who is neither the defendant nor the appellant.
(2) When a notice of appeal is served on a respondent defendant, or other person under paragraph (1)(d), it must be accompanied by a respondent’s notice in the form issued under the Practice Direction for the respondent to complete and a notice which—
(a) informs the respondent that the result of an appeal could be that the Court of Appeal would increase a confiscation order already imposed, make a confiscation order itself or direct the Crown Court to hold another confiscation hearing;
(b) informs the respondent of any right under article 6 of the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003 to be present at the hearing of the appeal, although in custody;
(c) invites the respondent to serve any notice on the Registrar—
(i) to apply to the Court of Appeal for permission to be present at proceedings for which such permission is required under article 6 of the 2003 Order, or
(ii) to present any argument to the Court of Appeal on the hearing of the application or, if permission is given, the appeal, and whether the respondent wishes to present it in person or by means of a legal representative;
(d) draws to the respondent’s attention the effect of rule 42.4 (Supply of documentary and other exhibits); and
(e) advises the respondent to consult a solicitor as soon as possible.
(3) The appellant must provide the Registrar with a certificate of service stating that the appellant has served the notice of appeal on each respondent or explaining why it has not been possible to do so.
(4) The notice of appeal must—
(a) specify each order or ruling against which the appellant wants to appeal;
(b) identify each ground of appeal on which the appellant relies, numbering them consecutively (if there is more than one) and concisely outlining each argument in support;
(c) summarise the relevant facts;
(d) identify any relevant authorities;
(e) include or attach any application, with reasons, for an extension of time within which to serve the notice of appeal;
(f) identify any document or thing that the appellant thinks the court will need to decide the appeal and include or attach an electronic link to each such document that has been made available to the Registrar under rule 42.5(1)(a) (Duty of Crown Court officer); and
(g) unless an authority identified by the grounds of appeal is published by the Registrar as one frequently cited, include or attach—
(i) an electronic copy of each authority so identified, or
(ii) if two or more such authorities not so published are identified, electronic copies of each together in a single electronic document.
(5) The Registrar must, as soon as practicable, notify the court officer for the enforcing court, if any, of the service of the notice of appeal.
(6) Where a person is entitled to receive a sum directed to be paid out of sums recovered under a confiscation order, the court officer for the enforcing court must, as soon as practicable, notify each such person of—
(a) the appeal;
(b) any suspension of that person’s entitlement pending appeal; and
(c) any power for the Court of Appeal to vary or set aside that person’s entitlement on appeal.
[Note. See section 13 of the Proceeds of Crime Act 2002 and sections 134 and 141 of the Sentencing Act 2020. See also rule 42.8 (Notice of determination and renewal of application for permission to appeal) and the note to that rule.]
(1) This rule applies where a respondent is served with a notice of appeal under rule 42.11.
(2) If the respondent wishes to oppose the application for permission to appeal, the respondent must, not more than 10 business days after service of the notice of appeal, serve on the Registrar and on the appellant a respondent’s notice in the form issued under the Practice Direction which must—
(a) give the date on which the respondent was served with the appeal notice;
(b) identify each ground of opposition on which the respondent relies, numbering them consecutively (if there is more than one), concisely outlining each argument in support and identifying the ground of appeal to which each relates;
(c) summarise any relevant facts not already summarised in the appeal notice;
(d) identify any relevant authorities;
(e) include or attach any application, with reasons, for—
(i) an extension of time within which to serve the respondent’s notice, or
(ii) a direction to attend in person a hearing that the respondent could attend by live link, if the respondent is in custody;
(f) identify any document or thing that the respondent thinks the court will need to decide the appeal and include or attach an electronic link to each such document that has been made available to the Registrar under rule 42.5(1)(a) (Duty of Crown Court officer); and
(g) unless an authority identified by the respondent’s notice is published by the Registrar as one frequently cited, include or attach—
(i) an electronic copy of each authority so identified, or
(ii) if two or more such authorities not so published are identified, electronic copies of each together in a single electronic document.
(3) The time for giving notice under this rule may be extended by the Registrar, a single judge or by the Court of Appeal.
(4) Where the Registrar refuses an application under paragraph (3) for the extension of time, the respondent is entitled to have the application determined by a single judge.
(5) Where a single judge refuses an application under paragraph (3) or (4) for the extension of time, the respondent is entitled to have the application determined by the Court of Appeal.
(1) The appellant may amend a notice of appeal served under rule 42.11 or abandon an appeal under section 31 of the Proceeds of Crime Act 2002—
(a) without the permission of the court at any time before the Court of Appeal has begun hearing the appeal; and
(b) with the permission of the court after the Court of Appeal has begun hearing the appeal,
by serving notice in writing on the Registrar.
(2) Where the appellant serves a notice abandoning an appeal under paragraph (1), the Registrar must, as soon as practicable, notify—
(a) each respondent served with the notice of appeal;
(b) the Crown Court officer; and
(c) the court officer for the magistrates’ court responsible for enforcing any confiscation order which the Crown Court has made.
(3) Where the appellant serves a notice amending a notice of appeal under paragraph (1), the appellant must send a copy of it to each respondent served with the notice of appeal.
(4) Where an appeal is abandoned under paragraph (1), the application for permission to appeal or appeal must be treated, for the purposes of section 85 of the 2002 Act (Conclusion of proceedings), as having been refused or dismissed by the Court of Appeal.
(1) Permission to appeal to the Court of Appeal under section 13B, section 43 or section 65 of the Proceeds of Crime Act 2002 may only be given where—
(a) the Court of Appeal considers that the appeal would have a real prospect of success; or
(b) there is some other compelling reason why the appeal should be heard.
(2) An order giving permission to appeal may limit the issues to be heard and be made subject to conditions.
(1) Where an appellant wishes to apply to the Court of Appeal for permission to appeal under section 13B, 43 or 65 of the Proceeds of Crime Act 2002 Act, the appellant must serve a notice of appeal in the form issued under the Practice Direction on the Registrar.
(2) Unless the Registrar, a single judge or the Court of Appeal directs otherwise, the appellant must serve the notice of appeal, accompanied by a respondent’s notice in the form issued under the Practice Direction for the respondent to complete, on—
(a) each respondent; and
(b) any person who holds realisable property to which the appeal relates or who is affected by the appeal (and each such person then becomes a respondent),
as soon as practicable and in any event not later than 5 business days after the notice of appeal is served on the Registrar.
(3) The notice of appeal must—
(a) specify each order or ruling against which the appellant wants to appeal;
(b) identify each ground of appeal on which the appellant relies, numbering them consecutively (if there is more than one) and concisely outlining each argument in support;
(c) summarise the relevant facts;
(d) identify any relevant authorities;
(e) include or attach any application, with reasons, for—
(i) an extension of time within which to serve the notice of appeal, or
(ii) a direction to attend in person a hearing that the appellant could attend by live link, if the appellant is in custody;
(f) identify any document or thing that the appellant thinks the court will need to decide the appeal and include or attach an electronic link to each such document that has been made available to the Registrar under rule 42.5(1)(a) (Duty of Crown Court officer); and
(g) unless an authority identified by the grounds of appeal (see paragraph (3)(d)) is published by the Registrar as one frequently cited, include or attach—
(i) an electronic copy of each authority so identified, or
(ii) if two or more such authorities not so published are identified, electronic copies of each together in a single electronic document.
(4) The appellant must provide the Registrar with a certificate of service stating that the appellant has served the notice of appeal on each respondent or explaining why it has not been possible to do so.
(1) This rule applies to an appeal under section 13B, 43 or 65 of the Proceeds of Crime Act 2002.
(2) A respondent may serve a respondent’s notice on the Registrar.
(3) A respondent who—
(a) is seeking permission to appeal from the Court of Appeal; or
(b) wishes to ask the Court of Appeal to uphold the decision of the Crown Court for reasons different from or additional to those given by the Crown Court,
must serve a respondent’s notice on the Registrar.
(4) A respondent’s notice must be in the form issued under the Practice Direction and where the respondent seeks permission to appeal to the Court of Appeal it must be requested in the respondent’s notice.
(5) A respondent’s notice must be served on the Registrar not later than 10 business days after—
(a) the date the respondent is served with notification that the Court of Appeal has given the appellant permission to appeal; or
(b) the date the respondent is served with notification that the application for permission to appeal and the appeal itself are to be heard together.
(6) Unless the Registrar, a single judge or the Court of Appeal directs otherwise, the respondent serving a respondent’s notice must serve the notice on the appellant and any other respondent—
(a) as soon as practicable; and
(b) in any event not later than 5 business days,
after it is served on the Registrar.
(7) A respondent’s notice must—
(a) give the date on which the respondent was served with the appeal notice;
(b) identify each ground of opposition on which the respondent relies, numbering them consecutively (if there is more than one), concisely outlining each argument in support and identifying the ground of appeal to which each relates;
(c) summarise any relevant facts not already summarised in the appeal notice;
(d) identify any relevant authorities;
(e) include or attach any application, with reasons, for—
(i) an extension of time within which to serve the respondent’s notice, or
(ii) a direction to attend in person a hearing that the respondent could attend by live link, if the respondent is in custody;
(f) identify any document or thing that the respondent thinks the court will need to decide the appeal and include or attach an electronic link to each such document that has been made available to the Registrar under rule 42.5(1)(a) (Duty of Crown Court officer); and
(g) unless an authority cited under paragraph (7)(d) is published by the Registrar as one frequently cited, include or attach—
(i) an electronic copy of each authority so identified, or
(ii) if two or more such authorities not so published are identified, electronic copies of each together in a single electronic document.
(1) The appellant may amend a notice of appeal served under rule 42.15 or abandon an appeal under section 13B, 43 or 65 of the Proceeds of Crime Act 2002—
(a) without the permission of the court at any time before the Court of Appeal has begun hearing the appeal; and
(b) with the permission of the court after the Court of Appeal has begun hearing the appeal,
by serving notice in writing on the Registrar.
(2) Where the appellant serves a notice under paragraph (1), the appellant must send a copy of it to each respondent.
Unless the Court of Appeal or the Crown Court orders otherwise, an appeal under section 13B, 43 or 65 of the Proceeds of Crime Act 2002 does not operate as a stay of any order or decision of the Crown Court.
42.19 Striking out appeal notices and setting aside or imposing conditions on permission to appeal
(1) The Court of Appeal may—
(a) strike out the whole or part of a notice of appeal served under rule 42.15; or
(b) impose or vary conditions upon which an appeal under section 13B, 43 or 65 of the Proceeds of Crime Act 2002 may be brought.
(2) The Court of Appeal may only exercise its powers under paragraph (1) where there is a compelling reason for doing so.
(3) Where a party is present at the hearing at which permission to appeal was given, that party may not subsequently apply for an order that the Court of Appeal exercise its powers under paragraph (1)(b).
(1) This rule applies to an appeal under section 13B, 31, 43 or 65 of the Proceeds of Crime Act 2002.
(2) The appeal must be limited to a review of the decision of the Crown Court unless the Court of Appeal considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.
(3) The Court of Appeal may draw any inference of fact which it considers justified on the evidence.
(4) Rule 36.14 (Grounds of appeal and opposition) applies in relation to an appeal under section 13B, 31, 43 or 65 of the Proceeds of Crime Act 2002 as it applies in relation to an appeal listed in rule 36.1 (When this Part applies).
[Note. For the powers of the Court of Appeal on an appeal to which this Part applies, see sections 13B, 32, 43, 65 and 89 of the Proceeds of Crime Act 2002. See also section 91 of the 2002 Act in relation to procedure rules.]
Rule 36.15 (Reopening the determination of an appeal) and the related rule 36.6(5) apply in relation to an appeal under section 13B, 31, 43 or 65 of the Proceeds of Crime Act 2002 as those rules apply in relation to an appeal listed in rule 36.1 (When this Part applies).
(1) This Part applies where—
(a) a party wants to appeal to the Supreme Court after—
(i) an application to the Court of Appeal to which Part 27 applies (Retrial following acquittal), or
(ii) an appeal to the Court of Appeal to which applies Part 37 (Appeal to the Court of Appeal against ruling at preparatory hearing or in response to jury tampering), Part 38 (Appeal to the Court of Appeal against ruling adverse to prosecution), or Part 39 (Appeal to the Court of Appeal about conviction or sentence); or
(b) a party wants to refer a case to the Supreme Court after a reference to the Court of Appeal to which Part 41 applies (Reference to the Court of Appeal of point of law or unduly lenient sentencing).
(2) A reference to an ‘appellant’ in this Part is a reference to such a party.
[Note. Under section 33 of the Criminal Appeal Act 1968, a party may appeal to the Supreme Court from a decision of the Court of Appeal on—
(a) an application to the court under section 76 of the Criminal Justice Act 2003 (prosecutor’s application for retrial after acquittal for serious offence). See also Part 27.
(b) an appeal to the court under—
(i) section 9 of the Criminal Justice Act 1987 or section 35 of the Criminal Procedure and Investigations Act 1996 (appeal against order at preparatory hearing). See also Part 37.
(ii) section 47 of the Criminal Justice Act 2003 (appeal against order for non-jury trial after jury tampering.) See also Part 37.
(iii) Part 9 of the Criminal Justice Act 2003 (prosecutor’s appeal against adverse ruling). See also Part 38.
(iv) Part 1 of the Criminal Appeal Act 1968 (defendant’s appeal against conviction, sentence, etc.). See also Part 39.
Under section 13 of the Administration of Justice Act 1960, a person found to be in contempt of court may appeal to the Supreme Court from a decision of the Court of Appeal on an appeal to the court under that section. See also Part 39.
Under article 12 of the Criminal Justice Act 2003 (Mandatory Life Sentence: Appeals in Transitional Cases) Order 2005, a party may appeal to the Supreme Court from a decision of the Court of Appeal on an appeal to the court under paragraph 14 of Schedule 22 to the Criminal Justice Act 2003 (appeal against minimum term review decision). See also Part 39.
Under article 15 of the Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006, a party may appeal to the Supreme Court from a decision of the Court of Appeal on an appeal to the court under section 74 of the Serious Organised Crime and Police Act 2005 (appeal against sentence review decision). See also Part 39.
Under section 24 of the Serious Crime Act 2007, a party may appeal to the Supreme Court from a decision of the Court of Appeal on an appeal to that court under that section (appeal about a serious crime prevention order). See also Part 39.
Under section 36(3) of the Criminal Justice Act 1972, the Court of Appeal may refer to the Supreme Court a point of law referred by the Attorney General to the court. See also Part 41.
Under section 36(5) of the Criminal Justice Act 1988, a party may refer to the Supreme Court a sentencing decision referred by the Attorney General to the court. See also Part 41.
Under section 33(3) of the Criminal Appeal Act 1968, there is no appeal to the Supreme Court—
(a) from a decision of the Court of Appeal on an appeal under section 14A(5A) of the Football Spectators Act 1989 (prosecutor’s appeal against failure to make football banning order). See Part 39.
(b) from a decision of the Court of Appeal on an appeal under section 159(1) of the Criminal Justice Act 1988 (appeal about reporting or public access restriction). See Part 40.
The rules in Part 36 (Appeal to the Court of Appeal: general rules) also apply where this Part applies.]
(1) An appellant must—
(a) apply orally to the Court of Appeal—
(i) for permission to appeal or to refer a sentencing case, or
(ii) to refer a point of law
immediately after the court gives the reasons for its decision; or
(b) apply in writing and serve the application on the Registrar and every other party not more than—
(i) 14 days after the court gives the reasons for its decision if that decision was on a sentencing reference to which Part 41 applies (Attorney General’s reference of sentencing case), or
(ii) 28 days after the court gives those reasons in any other case.
(2) An application for permission to appeal or to refer a sentencing case must—
(a) identify the point of law of general public importance that the appellant wants the court to certify is involved in the decision; and
(b) give reasons why—
(i) that point of law ought to be considered by the Supreme Court, and
(ii) the court ought to give permission to appeal.
(3) An application to refer a point of law must give reasons why that point ought to be considered by the Supreme Court.
(4) An application must include or attach any application for the following, with reasons—
(a) an extension of time within which to make the application for permission or for a reference;
(b) bail pending appeal; or
(c) permission to attend any hearing in the Supreme Court, if the appellant is in custody.
(5) A written application must be in the form issued under the Practice Direction.
[Note. In some legislation, including the Criminal Appeal Act 1968, permission to appeal is described as ‘leave to appeal’.
Under the provisions listed in the note to rule 43.1, except section 36(3) of the Criminal Justice Act 1972 (Attorney General’s reference of point of law), an appellant needs permission to appeal or to refer a sentencing case. Under those provisions, the Court of Appeal must not give permission unless it first certifies that—
(a) a point of law of general public importance is involved in the decision, and
(b) it appears to the court that the point is one which the Supreme Court ought to consider.
If the Court of Appeal gives such a certificate but refuses permission, an appellant may apply for such permission to the Supreme Court.
Under section 36(3) of the Criminal Justice Act 1972 an appellant needs no such permission. The Court of Appeal may refer the point of law to the Supreme Court, or may refuse to do so.
For the power of the court or the Registrar to shorten or extend a time limit, see rule 36.3. The time limit in this rule—
(a) for applying for permission to appeal under section 33 of the Criminal Appeal Act 1968 (28 days) is prescribed by section 34 of that Act. That time limit may be extended but not shortened by the court. But it may be extended on an application by a prosecutor only after an application to which Part 27 applies (Retrial after acquittal).
(b) for applying for permission to refer a case under section 36(5) of the Criminal Justice Act 1988 (Attorney General’s reference of sentencing decision: 14 days) is prescribed by paragraph 4 of Schedule 3 to that Act. That time limit may be neither extended nor shortened.
(c) for applying for permission to appeal under article 12 of the Criminal Justice Act 2003 (Mandatory Life Sentence: Appeals in Transitional Cases) Order 2005 (28 days) is prescribed by article 13 of that Order. That time limit may be extended but not shortened.
(d) for applying for permission to appeal under article 15 of the Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006 (28 days) is prescribed by article 16 of that Order. That time limit may be extended but not shortened.
For the power of the Court of Appeal to grant bail pending appeal to the Supreme Court, see—
(a) section 36 of the Criminal Appeal Act 1968;
(b) article 18 of the Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006.
For the right of an appellant in custody to attend a hearing in the Supreme Court, see—
(a) section 38 of the Criminal Appeal Act 1968;
(b) paragraph 9 of Schedule 3 to the Criminal Justice Act 1988;
(c) article 15 of the Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005;
(d) article 20 of the Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006.]
43.3 Determination of detention pending appeal, etc.
On an application for permission to appeal, the Court of Appeal must—
(a) decide whether to order the detention of a defendant who would have been liable to be detained but for the decision of the court; and
(b) determine any application for—
(i) bail pending appeal,
(ii) permission to attend any hearing in the Supreme Court, or
(iii) a representation order.
[Note. For the liability of a defendant to be detained pending a prosecutor’s appeal to the Supreme Court and afterwards, see—
(a) section 37 of the Criminal Appeal Act 1968;
(b) article 19 of the Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006.
For the grant of legal aid for proceedings in the Supreme Court, see sections 14, 16 and 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.]
Rules 39.8 (Application for bail pending appeal or retrial), 39.9 (Conditions of bail pending appeal or re-trial) and 39.10 (Forfeiture of a recognizance given as a condition of bail) apply.
This Part applies in a magistrates’ court where—
(a) under section 14 or section 16E of the Magistrates’ Courts Act 1980, the defendant makes a statutory declaration of not having found out about the case until after the trial began;
(b) under section 16M of the 1980 Act the court can set aside a conviction; or
(c) under section 142 of the 1980 Act, the court can—
(i) set aside a conviction, or
(ii) vary or rescind a costs order, or an order to which Part 31 applies (Behaviour orders).
44.2 Statutory declaration of ignorance of proceedings
(1) This rule applies where—
(a) the case started with—
(i) an application for a summons,
(ii) a written charge and requisition, or
(iii) a written charge and single justice procedure notice; and
(b) under section 14 or section 16E of the Magistrates’ Courts Act 1980, the defendant makes a statutory declaration of not having found out about the case until after the trial began.
(2) The defendant must—
(a) serve such a declaration on the court officer—
(i) not more than 21 days after the date of finding out about the case, or
(ii) with an explanation for the delay, if serving it more than 21 days after that date; and
(b) serve with the declaration one of the following, as appropriate, if the case began with a written charge and single justice procedure notice—
(i) a notice under rule 24.9(4)(b) (notice to plead guilty and be sentenced by a single justice), with any representations that the defendant wants the court to consider and a statement of the defendant’s assets and other financial circumstances, as required by that rule,
(ii) a notice under rule 24.9(4)(c) (notice of intention to plead guilty at a hearing before a court comprising more than one justice), or
(iii) a notice under rule 24.9(4)(d) (notice of intention to plead not guilty).
(3) The court may extend that time limit, even after it has expired—
(a) at a hearing, in public or in private; or
(b) without a hearing.
(4) Where the defendant serves such a declaration, in time or with an extension of time in which to do so, and the case began with a summons or requisition—
(a) the court must treat the summons or requisition and all subsequent proceedings as void (but not the application for the summons or the written charge with which the case began);
(b) if the defendant is present when the declaration is served, the rules in Part 24 (Trial and sentence in a magistrates’ court) apply as if the defendant had been required to attend the court on that occasion; and
(c) if the defendant is absent when the declaration is served—
(i) the rules in Part 7 apply (Starting a prosecution in a magistrates’ court) as if the prosecutor had just served an application for a summons in the same terms as the original application or written charge;
(ii) the court may exercise its power to issue a summons in accordance with those rules; and
(iii) except for rule 24.8 (Written guilty plea: special rules), the rules in Part 24 then apply.
(5) Where the defendant serves such a declaration, in time or with an extension of time in which to do so, and the case began with a single justice procedure notice—
(a) the court must treat the single justice procedure notice and all subsequent proceedings as void (but not the written charge with which the case began);
(b) rule 24.9 (Single justice procedure: special rules) applies as if the defendant had served the notice required by paragraph (2)(b) of this rule within the time allowed by rule 24.9(4); and
(c) where that notice is under rule 24.9(4)(c) (notice of intention to plead guilty at a hearing before a court comprising more than one justice) or under rule 24.9(4)(d) (notice of intention to plead not guilty), then—
(i) if the defendant is present when the declaration is served, the rules in Part 24 apply as if the defendant had been required to attend the court on that occasion, or
(ii) if the defendant is absent when the declaration is served, paragraph (6) of this rule applies.
(6) Where this paragraph applies, the court must exercise its power to issue a summons and—
(a) the rules in Part 7 apply (Starting a prosecution in a magistrates’ court) as if the prosecutor had just served an application for a summons in the same terms as the written charge;
(b) except for rule 24.8 (Written guilty plea: special rules) and rule 24.9 (Single justice procedure: special rules), the rules in Part 24 apply.
[Note. Under sections 14 and 16E of the Magistrates’ Courts Act 1980, proceedings which begin with a summons, requisition or single justice procedure notice will become void if the defendant, at any time during or after the trial, makes a statutory declaration that he or she did not know of them until a date after the trial began.
Under section 14(3) or section 16E(9) of the 1980 Act, the court which decides whether or not to extend the time limit for serving a declaration under this rule may comprise a single justice.
Under rule 2.11 (Taking of statutory declarations by court officers) a court officer may take the statutory declaration to which this rule refers.]
44.3 Setting aside a conviction or varying a costs, etc. order
(1) This rule applies where the court can—
(a) under section 16M of the Magistrates’ Courts Act 1980 set aside a conviction under section 16H of the 1980 Act (conviction on accepting the automatic online conviction option);
(b) under section 142 of the 1980 Act—
(i) set aside a conviction, or
(ii) vary or rescind a costs order or an order to which Part 31 applies (Behaviour orders); or
(c) substitute an order for a purported order that the court had no power to make.
(2) The court may exercise its power—
(a) on application by a party, or on its own initiative; and
(b) at a hearing, in public or in private, or without a hearing.
(3) The court must not exercise its power in a party’s absence unless—
(a) the court makes a decision proposed by that party;
(b) the court makes a decision to which that party has agreed in writing; or
(c) that party has had an opportunity to make representations at a hearing (whether or not that party in fact attends).
(4) A party who wants the court to exercise its power must—
(a) apply in writing as soon as reasonably practicable after the conviction or order that that party wants the court to set aside, vary or rescind;
(b) serve the application on—
(i) the court officer, and
(ii) each other party; and
(c) in the application—
(i) explain why, as appropriate, the conviction should be set aside, or the order varied or rescinded,
(ii) specify any variation of the order that the applicant proposes,
(iii) identify any witness that the defendant wants to call, and any other proposed evidence,
(iv) say whether the defendant waives legal professional privilege, giving any relevant name and date, and
(v) if the application is late, explain why.
(5) The court may—
(a) extend (even after it has expired) the time limit under paragraph (4), unless the court’s power to set aside the conviction, or vary the order, can no longer be exercised; and
(b) allow an application to be made orally.
[Note. Under section 142 of the Magistrates’ Courts Act 1980—
(a) where a defendant is convicted by a magistrates’ court, the court may order that the case should be heard again by different justices; and
(b) the court may vary or rescind an order which it has made when dealing with a convicted defendant,
if in either case it appears to the court to be in the interests of justice to do so.
The power cannot be exercised if the Crown Court or the High Court has determined an appeal about that conviction or order.
Under section 16M of the 1980 Act a magistrates’ court can set aside a conviction imposed on a defendant who accepts the automatic online conviction option under section 16H of the Act if the conviction appears to the court to be unjust. Under section 16M(3) the court may comprise a single justice to set aside a conviction but must comprise two or more to refuse to do so.
See also rule 28.4 (Variation of sentence), which applies to an application under (i) section 16M(5) of the 1980 Act to set aside a penalty under section 16I, or (ii) section 142 of the Act to vary or rescind a sentence.]
(1) This Part applies where the court can make an order about costs under—
(a) Part II of the Prosecution of Offences Act 1985 and Part II, IIA or IIB of The Costs in Criminal Cases (General) Regulations 1986;
(b) section 109 of the Magistrates’ Courts Act 1980;
(c) section 52 of the Senior Courts Act 1981 and rule 45.6 or rule 45.7;
(d) section 8 of the Bankers Books Evidence Act 1879;
(e) section 2C(8) of the Criminal Procedure (Attendance of Witnesses) Act 1965;
(f) section 36(5) of the Criminal Justice Act 1972;
(g) section 159(5) and Schedule 3, paragraph 11, of the Criminal Justice Act 1988;
(h) section 14H(5) of the Football Spectators Act 1989;
(i) section 4(7) of the Dangerous Dogs Act 1991;
(j) Part 3 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008; or
(k) Part 1 or 2 of the Extradition Act 2003.
(2) In this Part, ‘costs’ means—
(a) the fees payable to a legal representative;
(b) the disbursements paid by a legal representative; and
(c) any other expenses incurred in connection with the case.
[Note. A costs order can be made under—
(a) section 16 of the Prosecution of Offences Act 1985 (defence costs), for the payment out of central funds of a defendant’s costs (see rule 45.4);
(b) section 17 of the Prosecution of Offences Act 1985 (prosecution costs), for the payment out of central funds of a private prosecutor’s costs (see rule 45.4);
(c) section 18 of the Prosecution of Offences Act 1985 (award of costs against accused), for the payment by a defendant of another person’s costs (see rules 45.5 and 45.6);
(d) section 19(1) of the Prosecution of Offences Act 1985 and regulation 3 of the Costs in Criminal Cases (General) Regulations 1986, for the payment by a party of another party’s costs incurred as a result of an unnecessary or improper act or omission by or on behalf of the first party (see rule 45.8);
(e) section 19A of the Prosecution of Offences Act 1985 (costs against legal representatives, etc.)—
(i) for the payment by a legal representative of a party’s costs incurred as a result of an improper, unreasonable or negligent act or omission by or on behalf of the representative, or
(ii) disallowing the payment to that representative of such costs
(see rule 45.9);
(f) section 19B of the Prosecution of Offences Act 1985 (provision for award of costs against third parties) and regulation 3F of the Costs in Criminal Cases (General) Regulations 1986, for the payment by a person who is not a party of a party’s costs where there has been serious misconduct by the non-party (see rule 45.10);
(g) section 109 of the Magistrates’ Courts Act 1980, section 52 of the Senior Courts Act 1981 and rule 45.6, for the payment by an appellant of a respondent’s costs on abandoning an appeal to the Crown Court (see rule 45.6);
(h) section 52 of the Senior Courts Act 1981 and—
(i) rule 45.6, for the payment by a party of another party’s costs on an appeal to the Crown Court in any case not covered by (c) or (g),
(ii) rule 45.7, for the payment by a party of another party’s costs on an application to the Crown Court about the breach or variation of a deferred prosecution agreement, or on an application to lift the suspension of a prosecution after breach of such an agreement, or on an application in restraint or receivership proceedings;
(i) section 8 of the Bankers Books Evidence Act 1879, for the payment of costs by a party or by the bank against which an application for an order is made (see rule 45.7);
(j) section 2C(8) of the Criminal Procedure (Attendance of Witnesses) Act 1965, for the payment by the applicant for a witness summons of the costs of a party who applies successfully under rule 17.7 to have it withdrawn (see rule 45.7);
(k) section 36(5) of the Criminal Justice Act 1972 or Schedule 3, paragraph 11, of the Criminal Justice Act 1988, for the payment out of central funds of a defendant’s costs on a reference by the Attorney General of—
(i) a point of law, or
(ii) an unduly lenient sentence
(see rule 45.4);
(l) section 159(5) of the Criminal Justice Act 1988, for the payment by a person of another person’s costs on an appeal about a reporting or public access restriction (see rule 45.6);
(m) section 14H(5) of the Football Spectators Act 1989, for the payment by a defendant of another person’s costs on an application to terminate a football banning order (see rule 45.7);
(n) section 4(7) of the Dangerous Dogs Act 1991, for the payment by a defendant of another person’s costs on an application to terminate a disqualification for having custody of a dog (see rule 45.7);
(o) article 14 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008, corresponding with section 16 of the Prosecution of Offences Act 1985 (see rule 45.4);
(p) article 15 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008, corresponding with section 18 of the Prosecution of Offences Act 1985 (see rule 45.6);
(q) article 16 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008, corresponding with an order under section 19(1) of the 1985 Act (see rule 45.8);
(r) article 17 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008, corresponding with an order under section 19A of the 1985 Act (see rule 45.9);
(s) article 18 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008, corresponding with an order under section 19B of the 1985 Act (see rule 45.10);
(t) section 60 or 133 of the Extradition Act 2003 (costs where extradition ordered) for the payment by a defendant of another person’s costs (see rule 45.4); or
(u) section 61 or 134 of the Extradition Act 2003 (costs where discharge ordered) for the payment out of central funds of a defendant’s costs (see rule 45.4).
See also the Criminal Costs Practice Direction.
Part 39 (Appeal to the Court of Appeal about conviction or sentence) contains rules about appeals against costs orders made in the Crown Court under the legislation listed in (c) above.
Part 34 (Appeal to the Crown Court) and Part 39 (Appeal to the Court of Appeal about conviction or sentence) contain rules about appeals against costs orders made under the legislation listed in (e) and (f) above.
A costs order can be enforced—
(a) against a defendant, under section 41(1) or (3) of the Administration of Justice Act 1970;
(b) against a prosecutor, under section 41(2) or (3) of the Administration of Justice Act 1970;
(c) against a representative, under regulation 3D of the Costs in Criminal Cases (General) Regulations 1986 or article 18 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008;
(d) against a non-party, under regulation 3I of the Costs in Criminal Cases (General) Regulations 1986 or article 31 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008.
See also section 58, section 150(1) and Part III of the Magistrates’ Courts Act 1980 and Schedule 5 to the Courts Act 2003.]
(1) The court must not make an order about costs unless each party and any other person directly affected—
(a) is present; or
(b) has had an opportunity—
(i) to attend, or
(ii) to make representations.
(2) The court may make an order about costs—
(a) at a hearing in public or in private; or
(b) without a hearing.
(3) Subject to rule 45.7(6) (costs on an application in restraint or receivership proceedings), in deciding what order, if any, to make about costs, the court must have regard to all the circumstances, including—
(a) the conduct of all the parties; and
(b) any costs order already made.
(4) If the court makes an order about costs, it must—
(a) specify who must, or must not, pay what, to whom; and
(b) identify the legislation under which the order is made, where there is a choice of powers.
(5) The court must give reasons if it—
(a) refuses an application for a costs order; or
(b) rejects representations opposing a costs order.
(6) If the court makes an order for the payment of costs—
(a) the general rule is that it must be for an amount that is sufficient reasonably to compensate the recipient for costs—
(i) actually, reasonably and properly incurred, and
(ii) reasonable in amount; but
(b) the court may order the payment of—
(i) a proportion of that amount,
(ii) a stated amount less than that amount,
(iii) costs from or until a certain date only,
(iv) costs relating only to particular steps taken, or
(v) costs relating only to a distinct part of the case.
(7) On an assessment of the amount of costs, relevant factors include—
(a) the conduct of all the parties;
(b) the particular complexity of the matter or the difficulty or novelty of the questions raised;
(c) the skill, effort, specialised knowledge and responsibility involved;
(d) the time spent on the case;
(e) the place where and the circumstances in which work or any part of it was done; and
(f) any direction or observations by the court that made the costs order.
(8) If the court orders a party to pay costs to be assessed under rule 45.11, it may order that party to pay an amount on account.
(9) An order for the payment of costs takes effect when the amount is assessed, unless the court exercises any power it has to order otherwise.
[Note. Under the powers to which apply rule 45.8 (Costs resulting from unnecessary or improper act, etc.) and rule 45.9 (Costs against a legal representative), specified conduct must be established for such orders to be made.
The amount recoverable under a costs order may be affected by the legislation under which the order is made. See, for example, section 16A of the Prosecution of Offences Act 1985.
Under section 141 of the Powers of Criminal Courts (Sentencing) Act 2000 and section 75 of the Magistrates’ Courts Act 1980, the Crown Court and magistrates’ court respectively can allow time for payment, or payment by instalments.]
(1) Unless other legislation otherwise provides, the court may—
(a) extend a time limit for serving an application or representations under rules 45.4 to 45.10, even after it has expired; and
(b) consider an application or representations—
(i) made in a different form to one issued under the Practice Direction, or
(ii) made orally instead of in writing.
(2) A person who wants an extension of time must—
(a) apply when serving the application or representations for which it is needed; and
(b) explain the delay.
[Note. The time limit for applying for a costs order may be affected by the legislation under which the order is made. See, for example, sections 19(1), (2) and 19A of the Prosecution of Offences Act 1985, regulation 3 of the Costs in Criminal Cases (General) Regulations 1986 and rules 45.8(4)(a) and 45.9(4)(a).]
(1) This rule applies where the court can order the payment of costs out of central funds.
(2) In this rule, costs—
(a) include—
(i) on an appeal, costs incurred in the court that made the decision under appeal, and
(ii) at a retrial, costs incurred at the initial trial and on any appeal; but
(b) do not include costs met by legal aid.
(3) The court may make an order—
(a) on application by the person who incurred the costs; or
(b) on its own initiative.
(4) Where a person wants the court to make an order that person must apply as soon as practicable and—
(a) on an application for a defendant’s costs order—
(i) outline the type of costs and the amount claimed, if the applicant wants the court to direct an assessment, or
(ii) specify the amount claimed, giving details, if the applicant wants the court to assess the amount itself; or
(b) on an application for a prosecutor’s costs order—
(i) apply in writing and serve it on the court officer (or, in the Court of Appeal, the Registrar), and
(ii) in the application specify the amount claimed to the date of the application and provide the information listed in paragraph (5).
(5) The information required by paragraph (4)(b) is—
(a) a summary of the items of work to date done by a solicitor;
(b) a statement of the dates on which items of work were done, the time taken and the sums claimed;
(c) details of any disbursements claimed, the circumstances in which they were incurred and the amounts claimed in respect of them; ...
(d) details, including the date and outcome, of each request to any public authority to undertake the investigation and prosecution, and the reasons why if no such request was made;
(e) details, including the date and outcome, of each request to any legal representative to ascertain their estimated charges for conducting the prosecution, and if no such request was made to a legal representative other than the one appointed by the applicant—
(i) the reasons why, and
(ii) the reasons for the applicant’s choice of that legal representative; and
(f) such further particulars, information and documents as the court may require.
(6) The general rule is that the court must make an order, but—
(a) the court may decline to make a defendant’s costs order if, for example—
(i) the defendant is convicted of at least one offence, or
(ii) the defendant’s conduct led the prosecutor reasonably to think the prosecution case stronger than it was;
(b) the court may decline to make a prosecutor’s costs order if, for example, the prosecution was started or continued unreasonably; and
(c) the court may decline to make an order if the applicant fails to provide enough information for the court to decide whether to make an order at all and, if so, whether it should be for the full amount recoverable or for a lesser sum.
(7) If the court makes an order—
(a) the general rule is that it must be for such amount as the court considers reasonably sufficient to compensate the applicant for any expenses properly incurred in the proceedings;
(b) where the court considers there to be circumstances making it inappropriate for the applicant to recover that amount then the order must be for such lesser amount as the court considers just and reasonable;
(c) the court may fix the amount to be paid in a case in which either—
(i) the recipient agrees the amount, or
(ii) the court decides to allow a lesser sum than the full amount otherwise recoverable; and
(d) if the court does not fix the amount itself it must direct an assessment under, as applicable—
(i) Part III of the Costs in Criminal Cases (General) Regulations 1986, or
(ii) Part 3 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008.
(8) If the court makes a defendant’s costs order—
(a) the order may not require the payment of any amount in respect of fees payable to a legal representative, or disbursements paid by a legal representative (including expert witness costs), but if the defendant is an individual then an order may require payment of such an amount in a case—
(i) in a magistrates’ court, including in an extradition case,
(ii) in the Crown Court, on appeal from a magistrates’ court,
(iii) in the Crown Court, where the defendant has been sent for trial, the High Court gives permission to serve a draft indictment or the Court of Appeal orders a retrial and the defendant has been found financially ineligible for legal aid, or
(iv) in the Court of Appeal, on an appeal against a verdict of not guilty by reason of insanity, or against a finding under the Criminal Procedure (Insanity) Act 1964, or on an appeal under section 16A of the Criminal Appeal Act 1968 (appeal against order made in cases of insanity or unfitness to plead);
(b) any such amount may not exceed an amount specified by the regulations to which paragraph (7)(d) refers; and
(c) an order which includes an amount in respect of fees payable to a legal representative, or disbursements paid by a legal representative, must include a statement to that effect.
(9) If the court fixes the amount to be paid itself, it must do so subject to any restriction on the amount that is imposed by the regulations to which paragraph (7)(d) refers.
(10) If the court directs an assessment, the order must specify any restriction on the amount to be paid that the court considers appropriate.
[Note. See also rule 45.2.
An order for the payment of costs out of central funds can be made—
(a) for a defendant—
(i) on acquittal,
(ii) where a prosecution does not proceed,
(iii) where the Crown Court allows any part of a defendant’s appeal from a magistrates’ court,
(iv) where the Court of Appeal allows any part of a defendant’s appeal from the Crown Court,
(v) where the Court of Appeal decides a prosecutor’s appeal under Part 37 (Appeal to the Court of Appeal against ruling at preparatory hearing or in response to jury tampering) or Part 38 (Appeal to the Court of Appeal against ruling adverse to prosecution),
(vi) where the Court of Appeal decides a reference by the Attorney General under Part 41 (Reference to the Court of Appeal of point of law or unduly lenient sentence),
(vii) where the Court of Appeal decides an appeal by someone other than the defendant about a serious crime prevention order, or
(viii) where the defendant is discharged under Part 1 or 2 of the Extradition Act 2003;
(See section 16 of the Prosecution of Offences Act 1985 and regulation 14 of the Costs in Criminal Cases (General) Regulations 1986; section 36(5) of the Criminal Justice Act 1972 and paragraph 11 of Schedule 3 to the Criminal Justice Act 1988; article 14 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008; and sections 61 and 134 of the Extradition Act 2003.)
(b) for a private prosecutor, in proceedings in respect of an offence that must or may be tried in the Crown Court;
(See section 17 of the Prosecution of Offences Act 1985 and regulation 14 of the Costs in Criminal Cases (General) Regulations 1986.)
(c) for a person adversely affected by a serious crime prevention order, where the Court of Appeal—
(i) allows an appeal by that person about that order, or
(ii) decides an appeal about that order by someone else.
(See article 14 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008.)
Where the court makes an order for the payment of a defendant’s costs out of central funds, see also section 16A of the Prosecution of Offences Act 1985, sections 62A, 62B, 135A and 135B of the Extradition Act 2003and regulations 4A and 7 of the Costs in Criminal Cases (General) Regulations 1986.]
(1) This rule applies where the court can order a defendant to pay the prosecutor’s costs if the defendant is—
(a) convicted or found guilty;
(b) dealt with in the Crown Court after committal for sentence there;
(c) dealt with for breach of a sentence; or
(d) in an extradition case—
(i) ordered to be extradited, under Part 1 of the Extradition Act 2003,
(ii) sent for extradition to the Secretary of State, under Part 2 of that Act, or
(iii) unsuccessful on an appeal by the defendant to the High Court, or on an application by the defendant for permission to appeal from the High Court to the Supreme Court.
(2) The court may make an order—
(a) on application by the prosecutor; or
(b) on its own initiative.
(3) Where the prosecutor wants the court to make an order—
(a) the prosecutor must—
(i) apply as soon as practicable, and
(ii) specify the amount claimed; and
(b) the general rule is that the court must make an order if it is satisfied that the defendant can pay.
(4) A defendant who wants to oppose an order must make representations as soon as practicable.
(5) If the court makes an order, it must assess the amount itself.
[Note. See—
(a) rule 45.2;
(b) section 18 of the Prosecution of Offences Act 1985 and regulation 14 of the Costs in Criminal Cases (General) Regulations 1986; and
(c) sections 60 and 133 of the Extradition Act 2003.
Under section 18(4) and (5) of the 1985 Act, if a magistrates’ court—
(a) imposes a fine, a penalty, forfeiture or compensation that does not exceed £5—
(i) the general rule is that the court will not make a costs order against the defendant, but
(ii) the court may do so;
(b) fines a defendant under 18, no costs order against the defendant may be for more than the fine.
Part 39 (Appeal to the Court of Appeal about conviction or sentence) contains rules about appeal against a Crown Court costs order to which this rule applies.]
(1) This rule—
(a) applies where a magistrates’ court, the Crown Court or the Court of Appeal can order a party to pay another person’s costs on an appeal, or an application for permission to appeal; and
(b) authorises the Crown Court, in addition to its other powers, to order a party to pay another party’s costs on an appeal to that court, except on an appeal under—
(i) section 108 of the Magistrates’ Courts Act 1980, or
(ii) section 45 of the Mental Health Act 1983.
(2) In this rule, costs include—
(a) costs incurred in the court that made the decision under appeal; and
(b) costs met by legal aid.
(3) The court may make an order—
(a) on application by the person who incurred the costs; or
(b) on its own initiative.
(4) A person who wants the court to make an order must—
(a) apply as soon as practicable;
(b) notify each other party;
(c) specify—
(i) the amount claimed, and
(ii) against whom; and
(d) where an appellant abandons an appeal to the Crown Court by serving a notice of abandonment—
(i) apply in writing not more than 10 business days later, and
(ii) serve the application on the appellant and on the Crown Court officer.
(5) A party who wants to oppose an order must—
(a) make representations as soon as practicable; and
(b) where the application was under paragraph (4)(d), serve representations on the applicant, and on the Crown Court officer, not more than 5 business days after it was served.
(6) Where the application was under paragraph (4)(d), the Crown Court officer may—
(a) submit it to the Crown Court; or
(b) serve it on the magistrates’ court officer, for submission to the magistrates’ court.
(7) If the court makes an order, it may direct an assessment under rule 45.11, or assess the amount itself where—
(a) the appellant abandons an appeal to the Crown Court;
(b) the Crown Court decides an appeal, except an appeal under—
(i) section 108 of the Magistrates’ Courts Act 1980, or
(ii) section 45 of the Mental Health Act 1983; or
(c) the Court of Appeal decides an appeal to which Part 40 applies (Appeal to the Court of Appeal about reporting or public access restriction).
(8) If the court makes an order in any other case, it must assess the amount itself.
[Note. See also rule 45.2.
A magistrates’ court can order an appellant to pay a respondent’s costs on abandoning an appeal to the Crown Court.
The Crown Court can order—
(a) the defendant to pay the prosecutor’s costs on dismissing a defendant’s appeal—
(i) against conviction or sentence, under section 108 of the Magistrates’ Courts Act 1980, or
(ii) where the magistrates’ court makes a hospital order or guardianship order without convicting the defendant, under section 45 of the Mental Health Act 1983; and
(b) one party to pay another party’s costs on deciding any other appeal to which Part 34 (Appeal to the Crown Court) applies.
The Court of Appeal can order—
(a) the defendant to pay another person’s costs on dismissing a defendant’s appeal or application to which Part 37 (Appeal to the Court of Appeal against ruling at preparatory hearing), Part 39 (Appeal to the Court of Appeal about conviction or sentence) or Part 43 (Appeal or reference to the Supreme Court) applies;
(b) the defendant to pay another person’s costs on allowing a prosecutor’s appeal to which Part 38 (Appeal to the Court of Appeal against ruling adverse to the prosecution) applies;
(c) the appellant to pay another person’s costs on dismissing an appeal or application by a person affected by a serious crime prevention order;
(d) one party to pay another party’s costs on deciding an appeal to which Part 40 (Appeal to the Court of Appeal about reporting or public access restriction) applies.
See section 109 of the Magistrates’ Courts Act 1980; section 52 of the Senior Courts Act 1981 (which allows rules of court to authorise the Crown Court to order costs); section 18 of the Prosecution of Offences Act 1985; section 159(5) of the Criminal Justice Act 1988; and article 15 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008.]
(1) This rule—
(a) applies where the court can order a party to pay another person’s costs in a case in which—
(i) the court decides an application for the production in evidence of a copy of a bank record,
(ii) a magistrates’ court or the Crown Court decides an application to terminate a football banning order,
(iii) a magistrates’ court or the Crown Court decides an application to terminate a disqualification for having custody of a dog,
(iv) the Crown Court allows an application to withdraw a witness summons,
(v) the Crown Court decides an application relating to a deferred prosecution agreement under rule 11.5 (breach), rule 11.6 (variation) or rule 11.7 (lifting suspension of prosecution), or
(vi) the Crown Court decides an application in the restraint and receivership proceedings to which Part 33 (Confiscation and related proceedings) applies; and
(b) authorises the Crown Court, in addition to its other powers, to order a party to pay another party’s costs—
(i) on an application to that court under rule 11.5, 11.6 or 11.7, or
(ii) on an application in the restraint and receivership proceedings to which Part 33 applies.
(2) The court may make an order—
(a) on application by the person who incurred the costs; or
(b) on its own initiative.
(3) A person who wants the court to make an order must—
(a) apply—
(i) as soon as practicable, in every case, and in any event
(ii) in restraint or receivership proceedings, no later than 20 business days after the conclusion of the application or proceedings in respect of which costs are sought;
(b) notify each other party; and
(c) specify—
(i) the amount claimed, and
(ii) against whom.
(4) A party who wants to oppose an order must make representations as soon as practicable.
(5) If the court makes an order, it may direct an assessment under rule 45.11, or assess the amount itself.
(6) In restraint or receivership proceedings to which Part 33 (Confiscation and related proceedings) applies—
(a) the court may make more than one costs order but no one costs order may be made in respect of more than one application to make, vary or discharge a restraint order;
(b) the court must not order the defendant to pay the prosecutor’s costs unless—
(i) the prosecutor succeeds, and
(ii) the defendant acted unreasonably;
(c) the court must not order the prosecutor to pay the defendant’s costs unless—
(i) the defendant succeeds, and
(ii) the prosecutor acted unreasonably;
(d) in deciding whether a party has succeeded the court must take into account the extent of any difference between the terms of the order sought and the terms of the order (if any) made; and
(e) in deciding whether it was reasonable to make an application the success of any previous such application is not conclusive.
[Note. See—
(a) rule 45.2;
(b) section 8 of the Bankers Books Evidence Act 1879;
(c) section 14H(5) of the Football Spectators Act 1989;
(d) section 2C(8) of the Criminal Procedure (Attendance of Witnesses) Act 1965; and
(e) section 4(7) of the Dangerous Dogs Act 1991.
Section 52 of the Senior Courts Act 1981 allows rules of court to authorise the Crown Court to order costs.]