The Criminal Appeal (Amendment No. 2) Rules 2004

Made15th November 2004

Laid before Parliament18th November 2004

Coming into force in accordance with article 1

We, the Crown Court Rule Committee, in exercise of the powers conferred upon us by sections 84(1) and 86 and 87(4) of the Supreme Court Act 19811 and section 111 of the Criminal Justice Act 20032 (“the 2003 Act”) hereby make the following Rules:

Citation and commencement1

These Rules may be cited as the Criminal Appeal (Amendment No. 2) Rules 2004 and shall come into force on 15th December 2004 or on the day that sections 98 to 110 of the 2003 Act (Evidence of Bad Character) come into force, whichever is later.

Criminal Appeal Rules 1968

2

1

The Criminal Appeal Rules 19683 shall be amended as follows.

2

After rule 9C there is inserted–

Procedure for the admission of evidence of bad character9D
1
A party who wants to introduce evidence of a non-appellant’s bad character or who wants to cross-examine a witness with a view to eliciting such evidence, under section 100 of the Criminal Justice Act 2003 (“the 2003 Act”) must apply in Form 21 and the application must be received by the Registrar and all other parties to the proceedings not more than 28 days after leave to appeal is given, where leave is required, or after notice of appeal is given in any other case.
2
A party who receives a copy of an application under paragraph (1) may oppose that application by giving notice in writing to the Registrar and all other parties to the proceedings not more than 14 days after receiving that application.
3
A party who wants to introduce evidence of an appellant’s bad character or who wants to cross-examine a witness with a view to eliciting that evidence, under section 101 of the 2003 Act (defendant’s bad character) must give notice in Form 22 to the Registrar and all other parties to the proceedings not more than 28 days after leave to appeal is given, where leave is required, or after notice of appeal is given in any other case.
4
An appellant’s application to exclude bad character evidence must be in Form 23 and received by the Registrar and all other parties to the proceedings not more than 7 days after receiving a notice under paragraph (3).
5
An appellant entitled to receive a notice under this rule may waive his entitlement by so informing the court and the party who would have given the notice.
6
The court may–
a
allow a notice or application required under this rule to be given in a different form, or orally; or
b
shorten a time-limit under this rule or extend it even after it has expired,
if it is in the interests of justice to do so.
7
Where this rule requires a notice or application to be given or sent it may, with the consent of the addressee, be sent by fax or other means of electronic communication.

3

There shall be inserted after Form 20 in the Criminal Appeal Rules 1968, Forms 21, 22 and 23 set out in the Schedule to these Rules.

Falconer of Thoroton, C.Woolf, C.J.Master VennePotter, L.J.C.Hagen Q.C.D. Matheson, Q.C.P. Carter, Q.C.J.V. Pegden, Q.C.E. Barnett, J.P.G. WhiteDated 15th November 2004

SCHEDULEForms

Rule 9D

FORM 21Application for leave to adduce non-appellant’s bad character

Image_r00000

FORM 22Notice of intention to adduce bad character evidence

Image_r00001

FORM 23Application to exclude evidence of the appellant’s bad character

Image_r00002

Image_r00003

(This note is not part of the Rules)

These Rules insert a new rule into the Criminal Appeal Rules 1968 to provide for the practice and procedure to be followed in the criminal division of the Court of Appeal in connection with the admission of bad character evidence under Part II Chapter 1 of the Criminal Justice Act 2003.