C1C2 PART X Appeals from Summary Proceedings

Annotations:
Modifications etc. (not altering text)
C1

Pt. X (ss. 173-194) excluded (19.2.2001) by 2000 c. 11, ss. 7(7), 8(1)(f)(ii); S.I. 2001/421, art. 2

Miscellaneous

191AF1Time limit for lodging bills of advocation and bills of suspension

1

This section applies where a party wishes—

a

to appeal to the High Court under section 191(1) of this Act by bill of suspension against a conviction or by advocation against an acquittal, or

b

to appeal to the High Court against, or to bring under review of the High Court, any other decision in a summary prosecution by bill of suspension or by advocation.

2

The party must lodge the bill of suspension or bill of advocation within 3 weeks of the date of the conviction, acquittal or, as the case may be, other decision to which the bill relates.

3

The High Court may, on the application of the party, extend the time limit in subsection (2).

4

An application under subsection (3) must—

a

state—

i

the reasons why the applicant failed to comply with the time limit in subsection (2), and

ii

the proposed grounds of appeal or review, and

b

be intimated in writing by the applicant to the other party to the prosecution.

5

If the other party so requests within 7 days of receipt of intimation of the application under subsection (4)(b), the other party must be given an opportunity to make representations before the application is determined.

6

Any representations may be made in writing or, if the other party so requests, orally at a hearing; and if a hearing is fixed, the applicant must also be given an opportunity to be heard.