The Criminal Appeal (Serious Crime Prevention Orders) Rules (Northern Ireland) 2009

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules make provision for applications to the Court of Appeal in relation to appeals under section 24 of the Serious Crime Act 2007 (“the 2007 Act”) and Parts 5 and 6 of the Serious Crime Act 2007 (Appeals under section 24) Order 2008 (“the 2008 Order”).

Section 24 of the 2007 Act provides that a person who is the subject of a serious crime prevention order, or the Director of Public Prosecutions may appeal to the Court of Appeal against a decision of the Crown Court in relation to that order. In addition, any person who was given an opportunity to make representations in the proceedings by virtue of section 9(4) of the 2007 Act may appeal to the Court of Appeal against a decision of the Crown Court to make, vary or not vary a serious crime prevention order.

In particular, the Rules;

• prescribe procedure in relation to giving notice of appeal or an application for leave to appeal under section 24 of the 2007 Act;

• make provision in relation to the provision of notes, documents and exhibits (excepting transcripts) from the original proceedings;

• make provision in relation to applications that can be heard by the Master or a single judge of the Court of Appeal, and in relation to applications by aggrieved parties for decisions arising from those applications to be determined by the full Court;

• prescribe the procedure for making an application to the Court of Appeal for leave to appeal to the House of Lords under Part 6 of the 2008 Order; and

• prescribe procedure governing the abandonment of proceedings by the applicant.