FOR OFFICIAL USE - CAO No. / /

NOTICE and GROUNDS of prosecution appeal or application for

permission to appeal under s.58 Criminal Justice Act 2003

(Criminal Procedure Rules, r 38.4(1))

Write in BLACK INK and use BLOCK CAPITALS

1. Case Details

/ Name of Crown Court where tried ______
Name of Judge ______
Date the trial or proceedings started ______
Name of the defendant(s) in respect of whom undertaking to be given (see 4 below)
______
Name(s) of any co-accused ______
______
Details of Indictment / Indictment number / Count No. / Offence(s)
Details of the indictment includes the number of the indictment and the offences on the indictment which are the subject of the appeal.

2. Details of the Ruling

If one ruling is a ruling of no case to answer, please specify the relationship between any earlier rulings and the ruling of no case to answer. / Provide details of the ruling or rulings that is the subject of this appeal or application for permission to appeal:
What date was the ruling or rulings made ______
Please attach a transcript of the ruling which is the subject of the appeal and any skeleton arguments provided to the judge of the court by the parties in respect of the issue which gave rise to the ruling.

3. Defendant Custody Status

/ Is the defendant(s) in custody? / * Delete as appropriate
Yes / No *
If the defendant(s) is in custody:
(a) give the defendant’s prison index number and address where detained;
Custody Address ______
______
______Prison Index No. ______
(b) indicate whether there are any difficulties with the defendant appearing by way of live link at the hearing.
4. Application to the Crown Court
Criminal Procedure Rules, r.38.5 / State whether there was an application to the judge of the court for permission to appeal:
If yes, was the application granted? / * Delete as appropriate
Yes / No *
Yes / No *
If applicable, please attach any written application for permission to appeal made to the Crown Court Judge; and a transcript or note of the decision by the Crown Court Judge, in accordance with Rule 38.4(2)(g)
5. Expedited appeal
Section 59 Criminal Justice Act 2003. / State whether the judge of the court decided that the appeal should be expedited: / * Delete as appropriate
Yes / No *
If yes, please attach a transcript or note of the decision by the judge of the court in accordance with Rule 38.4(2)(g)
6. Public Interest Ruling
Criminal Procedure Rules, r.38.8 / State whether a public interest ruling is the subject of the appeal or application for permission to appeal:
If yes, this notice must be accompanied by a confidential annexe as required by rule 38.8(4)
Do you have reason to believe that to reveal to the defendant or any other interested party the fact that a public interest ruling has been made would have the effect of disclosing that which you consider should not be disclosed
If yes, the prosecutor need not serve this notice on the defendant or any interested party as otherwise required under rules 38.3 and 38.4 / * Delete as appropriate
Yes / No *
Yes / No *
If the answer above is no, describe the category of the material that is the subject of the ruling, unless you have reason to believe that to reveal this to the defendant or any interested party would have the effect of disclosing that which you consider should not be disclosed.
7. Extension of time
Criminal Procedure Rules, r.38.4(2)(e). / Are you applying for an extension of time in which to give notice of appeal or application for permission to appeal? / * Delete as appropriate
Yes / No *
If yes, you must state your reasons:
8. Grounds of Appeal
Criminal Procedure Rules, r.38.4(2). / You must:
1. 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; summarise the relevant facts;
2. Identify any relevant authorities; and include any other document or thing that the appellant thinks the Court will need to decide the appeal:
9. Certificate of service
Criminal Procedure Rules, r.38.3 & 38.4(2). / Give details of those on whom notice of this appeal/application, supporting documents and the Respondent’s Notice (Form RN(PRA)) have been served and the date and method of service:
10. Undertaking
Section 58 Criminal Justice Act 2003. / I, a person conducting a prosecution, consent to the acquittal of the named defendant(s) if:
(a) permission to appeal to the Court of Appeal is not obtained; or
(b) that the appeal is abandoned before it is determined by the Court of Appeal
11. Signature / Name of Prosecutor ______
Name of Prosecuting Authority ______
Address ______
______
Signature of Prosecutor ______Date ______

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