New procedure for lodging appeals in Court of Appeal (Criminal Division)
As from 1 October 2018 appeals against conviction and/or sentence must be lodged directly with the Criminal Appeal Office and not the Crown Court.
The Criminal Procedure Rules Committee has approved a change to Rule 39 CPR and will require a separate Form NG and Grounds for each substantive application.
By omitting the need to send the paperwork to the sentencing/convicting Crown Court and direct to the Court of Appeal, these changes will result in a reduced delay in the time caused by lodging an appeal and its determination in the initial stages by a single Judge.
An updated Criminal Practice Direction will be published in time for the changes, expected to be on 1 October 2018 which will include information as to service address and advice on completing the new Form NG. Prior to that date all appeals should be lodged at the Crown Court as normal.
The Court of Appeal (Criminal Division) has issued a checklist for appeals under the new procedure:
- Has the right Form NG been used?
- Has the application been drafted as a standalone application?
- Lodge with the Criminal Appeal Office and not the Crown Court
- Wait for an acknowledgement
The new Form NGs can be found here on the Ministry of Justice website.
Brett Wilson LLP solicitors are experienced in advising and representing individuals on appeals against conviction and/or sentence to the Court of Appeal. Click here to see how we can assist you.
Articles are intended as an introduction to the topic and do not constitute legal advice.