Notice And Grounds Of Appeal Or Application For Permission To Appeal Against Conviction Or Sentence To The Court Of Appeal (Criminal Division) (Page 6 of 7) in pdf

Notes for guidance on the completion of this form

Everyone who has had the benefit of a representation order for trial or sentence in the Crown Court is entitled to

advice and assistance on appeal as part of the trial representation order.

Solicitors and Counsel are expected to be familiar with “A Guide to Commencing Proceedings in the Court of

Appeal Criminal Division” copies of which are available from any Crown Court Centre. The Guide is also available on

the Justice website ( ), as are all necessary forms.

Separate application forms should be submitted for convictions or sentences that do not arise in the same

proceedings.

This notice will be treated as a notice of appeal where permission to appeal is not required.

In the initial stages the Court is reliant upon the information that you provide. It is in your own interests to

assist by providing accurate and complete information in the form. Please indicate if you or your legal

advisers have already been in correspondence with this office.

Please give details of the appellant’s full name; if in custody give the prison index number and address where

detained. If not in custody give details of address at which residing and which correspondence should be sent.

Applications

This application form should be served on the appropriate Crown Court Officer, not more than 28 days after

the conviction, sentence, verdict or finding appealed against. If the appellant is in custody the form should be handed

to the prison authority (or other person having custody) for forwarding to the Crown Court, and the date of handing in

should be recorded on the form.



Extension of time The period of 28 days cannot be extended except with permission of the Court of Appeal

Criminal Division and detailed reasons for the delay must be attached to this form. An application for an

extension of time will not be considered before an application for permission to appeal conviction or

sentence has been lodged on Form NG, whether or not the 28 day period has already expired.

Please Note: the time for applying for permission to appeal runs from the date of verdict, finding or order. For

permission to appeal against conviction, time runs from the date of conviction even where sentence is

passed on a later date.



Permission to appeal against conviction.

See Note 8 below



Permission to appeal against sentence.



Representation Order (ie. legal assistance) A Representation Order made in the Crown Court does not

provide for oral argument before the Court of Appeal. If a Representation Order is sought for this purpose it

should be applied for.



Bail Where bail is applied for Form B (CAO) must also be completed. If Form B (CAO) accompanies Form

NG it should be submitted to the Crown Court but if submitted later should be sent to:- The Registrar, Criminal

Appeal Office, Royal Courts of Justice, Strand, London WC2A 2LL.



Permission to call a witness (conviction cases only) Where permission is sought to call a witness in

support of an application for permission to appeal against conviction an application should be made on

Form W (CAO). A separate form is required for each witness. A signed statement from the witness should be

appended to Form W (CAO) and, if it is said that the witness was not available at trial, an affidavit, sworn by

the appellant’s solicitor, should also be lodged, describing the circumstances in which the witness came

forward and the circumstances in which the statement was made. If Form W (CAO) accompanies Form NG it

should be sent to the Crown Court but if submitted later should be sent to:-The Registrar at the address given

above.

Grounds of appeal If a positive advice on appeal is given it should always be incorporated into the same

document as the grounds of appeal, as a single document. Grounds must be settled in accordance with the

requirements of r.68.3(2) as set out on page 2. Wording such as “the conviction is unsafe” or “the sentence is in all

the circumstances too severe” will be ineffective as grounds unless accompanied by detailed reasons. Ineffective

applications will be rejected, thus causing delay and possibly making it necessary for an extension of time to be sought

(see note 7 above). Unsigned grounds will be returned, again with resulting delay to the application.

Notice And Grounds Of Appeal Or Application For Permission To Appeal Against Conviction Or Sentence To The Court Of Appeal (Criminal Division) Page 6

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