Criminal appeals to the CACD: newly instructed counsel checklist on McCook enquiries, privilege waivers, grounds of appeal and fresh evidence (England and Wales)
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This checklist should be read alongside Practice Note: Starting an appeal in the Court of Appeal Criminal Division (CACD). In certain matters, appeals may proceed alleging ineptitude by former legal representatives. Even so, counsel are obliged to verify that their client’s assertions are well-founded before launching an appeal on that footing. In light of the Court of Appeal’s rulings in R v Lee, R v McCook and R v Achogbuo, where new solicitors or new advocates are instructed, they must, before settling and lodging the grounds of appeal, make targeted inquiries of the representative(s) who appeared and acted at the trial or plea hearing to confirm that the factual basis underpinning each actual or prospective ground is accurate. Where required, further measures should be taken to secure objective, independent evidence to corroborate that factual basis. These obligations on fresh representatives (the McCook duties) are not confined to conviction applications; they extend equally to sentence appeals. Counsel should reflect on the above duties, as set out in those cases, before initiating proceedings in the Court of Appeal. This Checklist provides a list of matters for consideration by counsel and fresh representatives before settling and lodging prospective grounds of appeal...
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Web page updated on 26/05/2026
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