43Procedure relating to appeal under section 42

1. Sections 273 to 275 and subpart 12 of Part 6 of the Criminal Procedure Act 2011 apply to an appeal under section 42 as if the appeal were a first appeal against a decision on a costs order, except that the notice of appeal must be filed within 20 working days after the date of the decision appealed against.

2. Despite any other enactment or rule of law, on the hearing of the appeal under section 42, it is not necessary for either party to produce—

3. any note or transcript of the evidence adduced to the court appealed from; or
4. any note of the reasons for the decision appealed against; or
5. any copy of any note or transcript referred to in paragraph (a) or (b).

6. Every decision of the appeal court on an appeal under section 42 is final.

7. No decision appealed against under section 42 is suspended merely because notice of that appeal has been given.

8. An appeal under section 42 that is not heard before the date on which the decision appealed against ceases to have any effect—

9. lapses on that date; and
10. is deemed to be abandoned.

11. If the defendant does not appear at the hearing of the appeal under section 42(2), a Judge of the appeal court may, if he or she thinks fit, issue a warrant for the arrest of the defendant.