GUIDE FOR COUNSEL / SOLICITOR ADVOCATES
HEARINGS AT THE COURT OF APPEAL CRIMINAL DIVISION
COURT LOCATION
The Court of Appeal Criminal Division (CACD) and the Criminal Appeal Office, which
provides administrative support to the Court, are based in the Royal Courts of Justice
(RCJ), Strand, London, WC2A 2LL (near Aldwych, at the junction of Strand and Fleet
Street.)
The nearest tube station is Temple (circle and district line) but Chancery Lane (central
line) and Holborn (central and Piccadilly lines) are also nearby.
Criminal Appeal hearings normally take place in courts 4 to 9. If you are unaware of the
court number for your case, you should refer to the cause lists which are situated just
behind the information desk in the Main Hall or contact the Criminal Appeal Office List
Office on 020 7947 6061/6263 or view the cause list on the day prior to the hearing at
http://www.hmcourts-service.gov.uk/cms/list_coacrim.htm
CONTACTING THE COURT
All correspondence for Criminal Appeal Office should be addressed to the Registrar.
Court Users should not address correspondence to The Court of Appeal or The High
Court as this will cause it to be misdirected and delay receipt. So that mail can reach
the correct destination, please quote the Criminal Appeal Office reference number.
The address for correspondence is:
The Registrar
Criminal Appeal Office
Royal Courts of Justice
Strand
London WC2A 2LL
The address if using document exchange is:
DX 44450, Strand
The general enquiries telephone number is: 020 7947 6011.
The general fax number is: 020 7947 6900
The general e mail address is:
criminalappealoffice.generaloffice@hmcourts-service.x.gsi.gov.uk
The list office’s e mail address is:
criminalappealoffice.listoffice@hmcourts-service.x.gsi.gov.uk
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LISTING OF CASES
The Criminal Appeal Office does not operate a warned list. Counsel should be aware
upon receipt of the brief that a hearing date may be fixed at short notice so effectively
the case is warned for hearing at that point.
Arrangements for fixing hearing dates are made by the Criminal Appeal List Office,
taking account of:
 the time estimate for the case (see section below) and space available in lists
 the priority assigned to the case (which may reflect, for example, the expected
date of release, the Single Judge’s view of the merits of the application, any order
for expedition)
 the listing targets set out in The Consolidated Criminal Practice Direction, which is
available on hmcs website at:
http://www.dca.gov.uk/criminal/procrules_fin/contents/practice_direction/pd_consolidated.htm
When possible the listing officer will take account of counsel’s existing commitments.
However, the list is liable to change at short notice and the main priority is to ensure that
court time is not wasted. In view of the higher cost of court time, the Court of Appeal
takes precedence over lower courts. Counsel should be aware that changes to the list
may be made to remove a case listed for hearing (eg if a case from a previous day
overruns) or to add a case into the list at short notice (eg if another case goes short).
The Court sits on circuit periodically but it has often proved very difficult to find sufficient
cases to fill a week’s lists using cases ready for hearing from a particular region which
also meet the requirement for cases to be listed according to priority.
If difficulty arises for counsel when trying to obtain release from a case in a lower court,
the lower court should communicate with the Registrar. However, a commitment in a
lower court will not generally be regarded as good reason for failing to accept a
proposed hearing date for the Court of Appeal.
TIME ESTIMATES
A general time estimate for the hearing is considered by the case officer when writing
the case summary for the court. The time estimate has to take into consideration the
judgment given by the court. The estimate given by the case officer appears on the first
page of the summary and it is counsel’s responsibility to consider carefully whether
the estimate appears correct. The Listing Officer will fix the case using the time
estimate given by the summary writer if none is received from counsel.
POSITION OF CASE IN LIST
The Criminal Appeal Office List Office will try to list all cases to meet the convenience of
counsel and appellants. However, it may be that their interests conflict eg counsel
wishes the case to appear first in the list but a) the case was fixed at short notice and
the appellant is travelling from far away so time has to be allowed for his arrival or b)
counsel in another case has already asked to appear first owing to difficulties.
If counsel has any difficulties regarding the position of a case in the list, counsel’s clerk
should contact the Criminal Appeal Office List Office (telephone: 020 7947 6061) as
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early as possible to discuss counsel’s options. Any requests for a “Not Before” time
marking must be put in writing, with reasons, and sent to the list office (see addresses
above). A request to be placed first in the list can be dealt with by the list office unless
the list has been published and the papers collected. If this is the case, the request in
writing will be placed before the presiding judge for a decision. Once the list office have
had a response they will contact counsel’s clerk with the outcome
LISTS OF AUTHORITIES
These should not be sent to the Criminal Appeal Office. Counsel should be aware that
lists of authorities (with page numbers) and statutes to which reference is likely to be
made must be received by the Head Usher, Room M113 by 5.30pm two days before the
hearing. The Head Usher’s fax number is 020 7947 6668. All lists must be headed
with the number of the court, the Criminal Appeal Office reference number, the title of
the case and the name(s) of counsel.
IT IS IMPORTANT THAT THIS PROCEDURE IS FOLLOWED TO MAINTAIN THE
SMOOTH RUNNING OF THE COURT. LISTS OF AUTHORITIES SENT TO THE
CRIMINAL APPEAL OFFICE OR LIST OFFICE WILL NOT BE FORWARDED.
TRANSFER OF BRIEF
Counsel are assigned (i.e. nominated by the Registrar) and the brief must not be
transferred to other Counsel without the prior consent of the Registrar. However if
nominated counsel are unable to attend court at short notice and are fully confident that
the court will be as well assisted by a colleague (which will usually only be applicable for
appeals against sentence) they may send a replacement who must sign in with the court
clerk / usher so that the court is aware of the change.
PRESENCE OF THE APPELLANT AT THE HEARING
An appellant in custody is entitled to be present at the hearing only where the appellant
appeals as of right, has obtained leave to appeal, or appeals by Certificate of the trial
Judge / on a reference by the Criminal Cases Review Commission.
An appellant is not entitled to be present at a directions hearing.
If not entitled to be present as set out above and the applicant wishes to be brought to
court, s/he is required to lodge a written request with the presiding Judge in good time
prior to the hearing for consideration.
MEETING CLIENTS IN RCJ CELLS
Counsel may wish to hold a conference with a client before or after the appeal hearing.
Counsel should attend at the entrance to RCJ Cells, which is signposted (turn right just
before the end of the Main Hall; RCJ Cells has a barred door.) Access to the cells is
available from 9:30 – 13:00 and then from13:30 until all in custody cases are complete.
Please note that like the rest of the RCJ, the Cells is a no smoking area.
UNDER NO CIRCUMSTANCES WILL ANYONE BE PERMITTED ACCESS TO THE
CELLS BETWEEN 13:00 & 13:30
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AT THE END OF THE HEARING
Counsel should ensure that at the end of a hearing, anything handed up to the Court
which they wish to retrieve should be collected by them or should be notified to the clerk
of the court on the day. This will ensure that documents, videos etc do not get
destroyed or go astray.
REQUESTS FOR JUDGMENTS
If you require a transcript of the judgment of your client’s Full Court hearing, you should
apply in writing to room C232, General Office, Criminal Appeal Office, Strand, London,
WC2A 2LL. The transcripts take approximately 4-6 weeks from the hearing date and are
provided free of charge if counsel was acting under Representation Order.
If you require a transcript of a judgment of an appeal hearing where you did not
represent the applicant / appellant you should contact Smith Bernal Wordwave on 020
7421 4047. Please note that shorthand writers will charge for supplying the transcript.
COURT USERS WITH PARTICULAR NEEDS
If any court users have particular needs, they should contact / be advised to contact a
Customer Service Officer, Criminal Appeal Office (020 7947 6011) to discuss the
assistance which may be available. For example, it is possible for us to arrange for an
interpreter to attend a court hearing, to arrange for a hearing loop to be put in place and
for use of a wheelchair to be arranged. We can also provide route maps showing
disabled access facilities (see below re disabled access).
RCJ AMENITIES

Robing rooms – There are several located throughout the RCJ. The most
convenient rooms for CACD courts are to the immediate left and right as you
enter the Main entrance into the Main Hall. Personnel at the Reception Desk in
the Main Hall can assist with directions.

Consultation rooms – are available to hire from £25 a day if required solely as a
consultation room and £50 a day if counsel wish to run an office from there for the
day (installing fax machines and photocopier etc). To book a room you should
contact Roger Little or Richard Bracegirdle, who are situated in rooms M101 and
M103 opposite Courts 7 and 8 or can be contacted by telephone - 020 7947 6357
– or fax - 020 7947 6613. If you wish to book this facility in advance of the court
hearing you would have to pay for the room from that day onwards. The closest
consultation rooms to the criminal courts are by court 19 and hold a maximum of
4 people

Disabled Access – The most convenient entrance to the RCJ for wheelchair users
is through the West Green entrance (gate nearest to Aldwych). If you are visiting
the Criminal Courts and require a wheelchair this can be arranged through
Security on 020 7947 6260.

Refreshments – Available in the coffee shop (Café 26) situated at the end of the
Main Hall. There are also several sandwich / coffee shops opposite the RCJ on
the Strand.
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
Smoking - Please note that the RCJ is a no smoking building. The most
convenient place to smoke is in the Quadrangle car park, which is within the
grounds of the RCJ.

Telephone - There are public coin operated pay phones around the building.
Those most convenient for the criminal courts are in the corridor which passes
Café 26 at the end of the Main Hall.

Prayer room – There is a prayer room located in East Block, room E234 (2nd
floor)

Citizens Advice Bureau – An office is located just off the Main Hall. Opening
times are Monday to Friday – 10am to 1pm and 2pm to 5pm. Telephone number
to leave a voicemail message is 020 7947 6880

Rest Rooms – are signposted throughout the building. There are ladies’ and
gentlemen’s toilets, including facilities for those with a disability, along the corridor
where courts 4 to 9 are situated. There are also toilets located off the Main Hall.
CRIMINAL APPEAL FORMS
If a client is in custody all forms may be obtained from the custodial establishment.
Otherwise, save for form A, which may be obtained from the Criminal Appeal Office, the
following forms can be obtained from the Crown Court and from the Court Service
website http://www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do
Form NG - Notice of, and grounds in support of, applications for extension of time
and/or leave to appeal against conviction and/or sentence, and notice of application for a
representation order. Form NG will be treated as including an application for leave to be
present at hearings in the CACD unless the appellant states otherwise.
Form B - Notice of application for bail.
Form W - Notice of application for a witness order and leave to call a witness. This form
need not be used where it is sought to call a character witness in sentence cases.
Form A - Notice of abandonment of all or part of proceedings in the CACD.
A list of all the forms relating to appeals which are available on the court service website
has been attached as appendix A. This attachment also gives you the number of the
form to search for and hyperlinks to take you directly to the required form.
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INFORMATION ABOUT PROCEDURES IN CRIMINAL APPEAL OFFICE
The Registrar of Criminal Appeals is assisted by around 130 staff, about 28 of whom are
lawyers. All staff will seek to assist appellants or their legal advisers whenever possible
but cannot give individual legal advice.
Cases are assigned within the Office to case sections. Each case is given a reference
number consisting of the year of receipt in the office, followed by a unique 5 digit number
and two digits denoting the case section (A1, A2 etc – D5) to whom the matter has been
allocated eg 2002 01231 B3. Where applications are received from two or more codefendants, the case section dealing with the first application received by the office will
also deal with any application subsequently received from a co-defendant. The office
deals with around 7,500 cases a year and it will therefore be of assistance if all
correspondence is accompanied by the case reference and, where it is known, the
reference number of the first co-defendant’s case received.
There are guidance notes for counsel / solicitor advocates concerning procedures in the
Court of Appeal: Guide to Proceedings in the Court of Appeal Criminal Division. This
appears on the website or is obtainable from the Crown Court. The website address is:
http://www.hmcourts-service.gov.uk/cms/1412.htm
Oral bail applications and oral applications for leave to appeal
These applications generally take place at 9.30 am in court before the normal court
sittings. The applications are usually allocated a hearing time of 20 minutes. If Counsel
feels the application will take in excess of 20 minutes, the casework group must be
informed in advance. Counsel are not required to be robed for these hearings.
Counsel should be aware that when a matter is listed for an oral bail application the
application for leave to appeal will also usually be made orally and counsel should
prepare to make both applications. If Counsel is appearing on a pro-bono basis they
can ask the Single Judge to consider granting a Representation Order to cover the oral
application.
It is the responsibility of counsel to ensure that notice of a bail hearing is given to
the Prosecuting Authority at least 24 hours prior to the hearing.
Transcripts and other documents
Counsel should consult the Registrar as soon as possible if of the opinion that further
documents or further information are required. It is especially important that any
question of the sufficiency of the transcript should be dealt with as early as possible.
Where counsel requests transcript in respect of parts of proceedings other than the
summing up in conviction cases and the prosecution opening of facts and sentencing
remarks in sentence cases e.g. parts of evidence or submissions and rulings, s/he must
provide a note of names, dates and times. Staff in the Criminal Appeal Office are
unable to place orders for transcript unless they are accompanied by information
enabling a shorthand writer to identify the part of the proceedings required. Therefore,
whether or not counsel makes a specific request for transcript, grounds of appeal which
refer to events occurring during a trial should also include a reference to the date and
time.
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Action by the Registrar when papers are complete
In general, the papers will be complete when the Registrar has obtained the documents
relating to the proceedings in the Crown Court, any necessary transcript and has
received from counsel the grounds of appeal, perfected where appropriate.
The Registrar will then refer the application(s) either (a) to the single judge for a decision
under section 31 of the Criminal Appeal Act 1968 or (b) directly to the Court, in which
case the Registrar will usually grant a Representation Order for the hearing. The
Registrar has no power to grant leave to appeal which will remain a matter for
consideration by the Court.
Where leave to appeal is not required e.g. on appeal by Certificate of the trial judge, the
Registrar will refer the appeal to the Court and will usually grant a Representation Order.
Consideration by the Single Judge
Normally the Single Judge will consider the application for leave to appeal together with
any ancillary applications e.g. for bail or a Representation Order without hearing oral
argument. If counsel wishes to make an oral application for leave to appeal then the
Office should be notified. The Registrar does not usually grant a Representation Order
for an oral hearing, but if counsel is not privately instructed s/he can apply to the Single
Judge for a Representation Order for the hearing at the conclusion of the hearing.
The Single Judge may grant the application, refuse it or refer it to the Full Court.
Grant or reference by the Single Judge
Where the Single Judge grants leave or refers an application to the court s/he is likely to
grant a Representation Order. This may be limited to the services of counsel only, in
which event counsel will be assigned by the Registrar. In such a case the Registrar will
provide a brief and papers but cannot act as an appellant's solicitor.
Leave granted on specific grounds
The Single Judge may grant leave on one or more grounds of appeal and refuse leave
on others. If the Single Judge refuses leave on specific grounds which the appellant
wishes to pursue, the appellant must renew the application on those grounds to the Full
Court of Appeal. It will be assumed that unless a single judge specifically refuses leave
on a particular ground then leave on that ground has been granted. (R v Cox and
Thomas, 9802230 X2; Times 4.2.99)
Refusal by the Single Judge
Where the Single Judge refuses leave to appeal, the Registrar sends a notification of the
refusal, including any observations which the judge may have made, to the applicant
who is informed that s/he may renew the application to the Full Court. S/he is also
informed that s/he must send any notice of renewal within 14 days from the date on
which notice of the refusal was served by the Registrar.
A refused application which is not renewed within 14 days is treated as having been
refused by the Court - Rule 68.6 Criminal Procedure Rules 2005.
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Where solicitors or Counsel have lodged Form NG and grounds, a copy of the single
judge’s decision is also sent to them.
If the solicitor or counsel wishes to give advice as to whether the application should be
renewed, the Registrar cannot grant a Representation Order for this purpose. However,
very exceptionally such advice may be claimed for under the existing Crown Court
representation order.
If it is the intention of a solicitor advocate or Counsel to represent the appellant at the
hearing of the renewed application for leave to appeal, whether privately instructed or on
a pro bono basis, such intention must be communicated to the Criminal Appeal Office in
writing as soon as that decision has been made.
Extension of time
Extension of time may be of two kinds: (a) extension of time in which to give notice of
application for leave to appeal or notice of appeal or (b) extension of time in which to
renew an application refused by the single judge.
An application for extension of the 28 day period in which to give notice of application for
leave to appeal or notice of appeal must always be supported by reasons why the
application for leave was not submitted in time. It is not enough merely to list the
application on Form NG. Such an application should be submitted when the application
for leave to appeal against either conviction or sentence is made on form NG and will
not be considered separately in advance of form NG being lodged. Applications for
extension of time submitted without grounds of appeal will be treated as ineffective and
returned. Failure to lodge grounds in support will result in time continuing to run against
the appellant.
Where leave to appeal is refused by the single judge and the appellant does not renew
his application within 14 days, he may apply for an extension of time in which to renew
his application for leave. The Registrar will normally refer such an application to the full
court. An application for extension for time in which to renew must likewise be supported
by reasons.
Arrangements for viewing videos or listening to tape recordings
If counsel is aware that a video/tape recording is required to be seen / heard by the
Constitution either on the day of the hearing or prior to the hearing, counsel must liaise
with the case officer as soon as possible to arrange this. Court rooms are not equipped
for this purpose so time will be required to make special arrangements.
Skeleton Arguments
The Lord Chief Justice has directed that in all conviction matters counsel should lodge
skeleton argument with the Registrar and with the advocate for the prosecuting authority
within 14 days of receipt of the request. Please quote the Criminal Appeal Office
reference number when lodging skeleton arguments [Part II.17, The Consolidated
Criminal Practice Direction] which appears on the Court Service website
http://www.hmcourts-service.gov.uk/
Abandonment
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An appeal or application may be abandoned at any time before the hearing, without
leave, by completing and lodging Form A.
An appeal may be abandoned orally as of right immediately after the case is called on
for hearing but once begun may only be abandoned by leave of the Court.
An
application may be abandoned as of right at any time during the hearing.
An appeal or application which is abandoned is treated as having been dismissed or
refused, as the case may be.
A notice of abandonment cannot be withdrawn nor can it be conditional. As to the
Court's power to treat a purported abandonment as a nullity see R v Medway (1976) 62
Cr.App.R.85.
GENERAL COMMENTS / COMPLAINTS INFORMATION
These notes have been created to provide counsel / solicitor advocates with information
following comments in survey questionnaires completed by professional court users. If
any counsel / solicitor advocate feels it would be helpful to include further details or feels
any information is incorrect, please inform Martin Roberts, Customer Service Manager
(see contact details below).
Criminal Appeal Office welcomes any comments or suggestions for change.
comments, suggestions and general enquiries should be addressed to:
All
General Office,
Room C232,
Criminal Appeal Office,
Royal Courts of Justice,
Strand, London, WC2A 2LL
If you wish to complain about the service provided by the Criminal Appeal Office, please
make your complaint known to the person who dealt with you / your case. If dissatisfied,
please contact the Customer Service Manager, Martin Roberts, (at the address above or
on 020 7947 6748) or the Court Manager, Christine Brownbill, (at the address above or
on 020 7947 6123).
If you wish to make a complaint in relation to any of the accommodation facilities please
contact the Superintendent, Mr Doug Noon, or his deputy, Mrs Margaret Barrett, at
Superintendent’s Office, Room 10.11, Thomas More Building, Royal Courts of Justice,
Strand, London, WC2A 2LL or phone 020 7947 6208 / 6470.
IF YOU REQUIRE ANY FURTHER INFORMATION, PLEASE CONTACT OUR
CUSTOMER SERVICE DESK: 020 7947 6011.
Version 2/2006
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Appendix A
Number
Form 20
Form 5312
Form 5313
Form 5314
Form 5315
Form A
Form B
Form HL
Form IA(1)
Form IA(2)
Form IA(3)
Form IA(4)
Form NG
Form W
PoCA 1
PoCA 2
PoCA 3
PoCA 4
PoCA 5
PoCA 3
Guidance
PoCA 4
Guidance
Title
Notice of Application for leave to appeal under section 159 - Appeals
relating to reporting restrictions
Notice and Grounds of appeal or application for leave to appeal - For
other interlocutory appeals - not serious fraud
Notice and Grounds of opposition to appeal leave to appeal - For other
interlocutory appeals - not serious fraud
Notice of application for leave to be present at hearing of appeal or
application for leave to appeal - For other interlocutory appeals - not
serious fraud
Notice of Abandonment of Proceedings - For other interlocutory appeals
- not serious fraud
Notice of Abandonment - For appeals against conviction and/or
sentence
Notice of Application for Bail - For appeals against conviction and/or
sentence
Notice of Application for leave to appeal to the House of Lords - For
appeals against conviction and/or sentence
Notice and Grounds (Prepatory Hearing) - For Interlocutory appeals serious fraud only
Notice and Grounds of opposition (Preparatory Hearing) - For
Interlocutory appeals - serious fraud only
Notice of Application to be present (Preparatory Hearing) - For
Interlocutory appeals - serious fraud only
Notice of Abondonment (Preparatory Hearing) - For Interlocutory
appeals - serious fraud only
Notice and Grounds of Appeal or application for leave to appeal - For
appeals against conviction and/or sentence
Witness Order and/or Leave to call a Witness - For appeals against
conviction and/or sentence
NOTICE and GROUNDS of application for leave to appeal and appeal
by the prosecutor or the Director of the Assets Recovery Agency Confiscation orders
NOTICE and GROUNDS of OPPOSITION to an application for leave to
appeal and appeal by the prosecutor or the Director of the Assets
Recovery Agency - Confiscation orders
NOTICE and GROUNDS of application for leave to appeal and appeal
against restraint or receivership decision - Restraint and Receivership
Orders
NOTICE and GROUNDS of OPPOSITION to an application for leave to
appeal and appeal against restraint or receivership decision - Restraint
and Receivership Orders
NOTICE of application for leave to appeal to the House of Lords Proceeds of Crime Act appeals
Guidance notes on completing form PoCA 3 (The Apellant's notice and
grounds) - Restraint and Receivership Orders
Guidance notes for completing PoCA 4 (The Respondent's notice of
opposition and grounds) - Restraint and Receivership Orders
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