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The Criminal Procedure (Amendment) Rules 2018

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Amendments to the Criminal Procedure Rules 2015

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15.  In Part 36 (Appeal to the Court of Appeal: general rules)—

(a)in the second paragraph of the note to rule 36.3 (Power to vary requirements) for “rule 41.2(2)” substitute “rule 41.2(4)”;

(b)in rule 36.6 (Hearings)—

(i)renumber paragraph (5) as paragraph (6),

(ii)after paragraph (4) insert—

(5) Where a party wants the court to reopen the determination of an appeal—

(a)the court—

(i)must decide the application without a hearing, as a general rule, but

(ii)may decide the application at a hearing; and

(b)need not announce its decision on such an application at a hearing in public., and

(iii)at the end of the note to the rule insert—

For the procedure on an application to reopen the determination of an appeal, see rule 36.15.;

(c)after rule 36.14 (Grounds of appeal and opposition) insert—

Reopening the determination of an appeal

36.15.(1) This rule applies where—

(a)a party wants the court to reopen a decision which determines an appeal or reference to which this Part applies (including a decision on an application for permission to appeal or refer);

(b)the Registrar refers such a decision to the court for the court to consider reopening it.

(2) Such a party must—

(a)apply in writing for permission to reopen that decision, as soon as practicable after becoming aware of the grounds for doing so; and

(b)serve the application on the Registrar.

(3) The application must—

(a)specify the decision which the applicant wants the court to reopen; and

(b)explain—

(i)why it is necessary for the court to reopen that decision in order to avoid real injustice,

(ii)how the circumstances are exceptional and make it appropriate to reopen the decision notwithstanding the rights and interests of other participants and the importance of finality,

(iii)why there is no alternative effective remedy among any potentially available, and

(iv)any delay in making the application.

(4) The Registrar—

(a)may invite a party’s representations on—

(i)an application to reopen a decision, or

(ii)a decision that the Registrar has referred, or intends to refer, to the court; and

(b)must do so if the court so directs.

(5) A party invited to make representations must serve them on the Registrar within such period as the Registrar directs.

(6) The court must not reopen a decision to which this rule applies unless each other party has had an opportunity to make representations.

[Note. The Court of Appeal has power only in exceptional circumstances to reopen a decision to which this rule applies.]; and

(d)amend the table of contents correspondingly.

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