The Criminal Appeal (Prosecution Appeals) Rules (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Rules.)

These Rules prescribe the procedures which apply in the Court of Appeal in relation to prosecution appeals under Article 17 of the Criminal Justice (Northern Ireland) Order 2004.

Article 17 of the 2004 Order provides for a prosecution right of appeal to the Court of Appeal against rulings by a judge of the Crown Court, made at any time (whether before or after the commencement of the trial) before the judge starts his summing-up to the jury, that have the effect of terminating the trial.

Rule 3 prescribes the manner in which, and the time at which, notice of appeal (where the judge of the Crown Court has granted leave) or application for leave to appeal shall be given. It also prescribes the documents which should accompany the notice and provides that the Court may extend the time within which the notice of appeal or application for leave to appeal shall be given.

Rule 4 provides that the defendant, if he wishes to oppose the appeal or application for leave, shall do so by serving a response in Form 2.

Rule 5 prescribes the manner in which an application to the Court to reverse a Crown Court judge’s decision that the appeal be expedited shall be made.

Rule 6 provides that a defendant in custody is entitled to appear before the Court of Appeal by way of live television link, but may not appear in person unless the Court so directs.

Rule 7 contains further provision where the ruling to which the appeal relates is a public interest ruling.

Rules 8 to 15 make supplementary provision.