Find out what you need to do to file forms in the Court of Appeal - Criminal.

Court of Appeal - Criminal - Filing Forms

Court of Appeal - Criminal - Filing Forms

Forms:

All forms available in Appendix U.

Appeal forms must be filed in the Office of the Court of Appeal 
Appeal forms cannot be filed with any other court office. If delivered to the incorrect office the forms will not be filed and time limits will not stop running.

Appeals must be filed using the forms available in Appendix U.  Appeals cannot be filed using historic or obsolete forms.

Form No 9: Notice of Appeal
An appeal against a Conviction may be argued only on grounds which have been set out in the notice. The appeal cannot proceed until Grounds are lodged.  The Notice of Appeal must be signed by the Appellant and the original hard copy must be received before the 28-day time limit expires. For exceptions to the requirement for the Notice to be signed by the Appellant please see Order 86C 3.(4)(a)(b)(c).  Original together with four copies must be filed. Copy to be served on the DPP.

The Notice of Appeal must contain sufficient details for the Appeal to be processed, including

1) the Bill Number of the case,
2) the correct spelling of the Appellants name,
3) the Offence or Offences being appealed,
4) where the Appellant currently resides
5) the extent of the appeal (Conviction and/or Sentence must be clearly marked)
6) The Appellants signature
7) Particulars of the Trial: Date, Court, Sentence
8) The Grounds of Appeal

Form No 13: Enlargement of Time Application
If the Appeal is not filed within 28 days, an application can be made for an Enlargement of time within which to file an appeal.  The application must include the Grounds for the Enlargement and the Grounds of Appeal. The application for the Enlargement cannot proceed until the Grounds are received. If the Enlargement is the first document being filed, it must be signed by the Appellant.  If the signed Notice of Appeal has already been filed, the Enlargement may be signed by a Solicitor.  Original together with four copies must be filed. Copy to be served on the DPP.

Form No. 10 & Form No.11: Section 2 (Criminal Procedure Act 1993 ) Appeals.
Where there has previously been an unsuccessful appeal and there is now a newly discovered fact which shows there has been a miscarriage of justice or that the sentence imposed is excessive, an application can be made to quash a conviction or sentence by way of a Form No. 10 Notice of application (Criminal Procedure Act 1993, Section 2). This must be accompanied by a Form No. 11 Statement of Grounds, which fully sets out the grounds and must be accompanied by a verifying Affidavit. Originals together with four copies must be filed. Copy to be served on the DPP.

Form No. 14: Undue Leniency Applications by the Director of Public Prosecutions.
An application by the Director of Public Prosecutions to the Court of Appeal under section 2 of the Criminal Justice Act 1993. The notice shall set out the grounds on which it is alleged that that the sentence imposed by the sentencing court was unduly lenient.

Form No. 15:  Appeal against Dismissal of a Charge by the Director of Public Prosecutions. (Criminal Procedure Act 1967).
An appeal by the Director of Public Prosecutions to the Court of Appeal under section 4E(7) of the 1967 Act (inserted by section 9 of the Criminal Justice Act 1999) against the dismissal of a charge by the trial court under section 4E(4) of the 1967 Act.  The notice shall set out the grounds of appeal.  

Form No. 29: Abandonment of Appeal.
The Abandonment must be signed by the Appellant and the appeal remains live until same is received. The Notice of Abandonment must be filed not later than ten days before the date fixed for the hearing of the appeal or application. If the Notice of abandonment is filed later than ten days before the date fixed for the hearing of the appeal or application the Appellant must make the application to the Court. Original together with four copies must be filed. Copy to be served on the DPP.
 

Legal Aid:

Legal Aid for Appeal Certificate:
In cases where the Appellant requires Legal Aid please note that Legal aid does not automatically continue from the case being appealed.  The Trial Court may grant Legal Aid for an Appeal if a request is made at Sentencing.  If Legal Aid for an Appeal has not specifically been granted by the Trial Court, then a fresh application must be made to the Court of Appeal.  Application is to be made by way of filing an original hard copy Statement of Means signed by the Appellant (together with 2 copies) with the Court of Appeal office, a copy must also be served on the DPP. Legal Aid is deemed granted where a respondent to a DPP application/appeal was legally aided at trial.

Application for Legal Aid (Supreme Court) appeal certificate:
Where the application to the Supreme Court is for leave to appeal an order of the Court of Appeal. The first step is for the Solicitor to file an application in the Supreme Court and the Supreme Court will make a determination Order. The Determination Order will recite the decision of the Supreme Court regarding the application. The Solicitor can then file the Determination Order in the Court of Appeal Criminal office and the matter will be listed in Case Management for an application for legal aid (Supreme Court) appeal certificate.
 

Miscellaneous:

Notice of Change of Solicitor
Where the Solicitor in an Appeal is not the same as in the Trial court or where a new Solicitor is coming on record during an appeal a Notice of Change of Solicitors must be filed with the court of appeal and copy served on the DPP and previous Solicitors on record. The matter will then be entered into a Case Management list.

Application to come off record
Where the Solicitor in an Appeal wishes to come off record during an appeal an Application to come off Record must be filed with the Court of Appeal and copy served on the DPP and the Appellant. The matter will then be entered into a Case Management list.