The Criminal Procedure Rules 2010 Part 63.doc

PART 63 APPEAL TO THE CROWN COURT Contents of this Part When this Part applies rule 63.1 Service of appeal notice rule 63.2 Form of appeal notice rule 63.3 Duty of magistrates’ court officer rule 63.4 Duty of person keeping exhibit rule 63.5 Reference by the Criminal Cases Review Commission rule 63.6 Hearings and decisions rule 63.7 Abandoning an appeal rule 63.8 Court’s power to vary requirements under this Part rule 63.9 Constitution of the Crown Court rule 63.10 When this Part applies —?This Part applies where— a defendant wants to appeal under— section 108 of the Magistrates’ Courts Act 1980(), section 45 of the Mental Health Act 1983(), paragraph 10 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000(), or paragraphs 9(8) or 13(5) of Schedule 8 to the Criminal Justice Act 2003(), section 10 of the Violent Crime Reduction Act 2006(), section 42 of the Counter Terrorism Act 2008(); the Criminal Cases Review Commission refers a defendant’s case to the Crown Court under section 11 of the Criminal Appeal Act 1995(); a prosecutor wants to appeal under— section 14A(5A) of the Football Spectators Act 1989(), or section 147(3) of the Customs and Excise Management Act 1979(); or a person wants to appeal under— section 1 of the Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956(), section 12(5) of the Contempt of Court Act 1981(), regulation 3C or 3H of The Costs in Criminal Cases (General) Regulations 1986(), or section 22 of the Football Spectators Act 1989(). A reference to an ‘appellant’ in this Part is a reference to such a party or person. [Note. An appeal to the Crown Court is by way of re-hearing: see section 79(3) of the Senior Courts Act 1981(). For the powers of the Crown Court on an appeal, see section 48 of that Act. A defendant may appeal from a magistrates’ court to the Crown Court— under section 108 of the Magistrates’ Courts Act 1980, against sentence after a guilty plea and after a not guilty plea against conviction, ag