The Criminal Appeal (Amendment) Rules 1987

Statutory Instruments

1987 No. 1977 (L. 9)

SUPREME COURT OF ENGLAND AND WALES

The Criminal Appeal (Amendment) Rules 1987

Made

19th November 1987

Laid before Parliament

7th December 1987

Coming into force

1st January 1988

We, the Crown Court Rule Committee, in exercise of the powers conferred upon us by sections 84(1) and (2), 86 and 87(4) of the Supreme Court Act 1981(1), hereby make the following Rules:

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Criminal Appeal (Amendment) Rules 1987 and shall come into force on 1st January 1988.

(2) In these Rules any reference to the principal Rules is a reference to the Criminal Appeal Rules 1968(2) as amended by the Criminal Appeal (Amendment) Rules 1978(3).

Notice of appeal

2.  In rule 2 of the principal Rules—

(a) in paragraph (1), for the words “serving it on the Registrar” there shall be substituted the words “serving it on the appropriate officer of the Crown Court”;

(b) for paragraphs (6) and (7) there shall be substituted the following paragraphs—

“(6) If Form 2 or Form 3 is not signed by the appellant and the appellant is in custody, the Registrar shall, as soon as practicable after receiving the form from the Crown Court, send a copy of it to the appellant.

(7) Where an appellant does not require leave to appeal, a notice of application for leave to appeal shall be treated as a notice of appeal; and where an appellant requires leave to appeal but serves only a notice of appeal, the notice of appeal shall be treated as an application for leave to appeal.”.

Applications relating to bail, leave to be present or reception of evidence

3.  At the end of rule 3(1) of the principal Rules a semi-colon shall be substituted for the full stop, and the following words shall be added—

• “save that where a notice of an application under sub-paragraph (a), (b), (c) or (d) is given together with a notice of appeal or notice of application for leave to appeal, it shall be served on the appropriate officer of the Crown Court.”.

Service of documents

4.—(1) Rule 21 of the principal Rules shall be amended as follows.

(2) After paragraph (1)(a) there shall be inserted the following sub-paragraph—

“(aa) in the case of a document to be served on the appropriate officer of the Crown Court—

(i) in the case of an appellant who is in custody, by delivering it to the person having custody of him, or

(ii) by delivering it to, or sending it by post addressed to, the appropriate officer at the Crown Court centre at which the conviction, verdict, finding or sentence appealed against was given or passed;”.

(3) The following shall be substituted for paragraph (2)—

“(2) A person having custody of an appellant to whom a document is delivered in pursuance of paragraph (1)(a)(i) or (1)(aa)(i) of this Rule shall endorse on it the date of delivery and cause it to be forwarded forthwith to the Registrar or to the appropriate officer of the Crown Court, as the case may be.”.

Forms

5.  The forms contained in the Schedule to these Rules shall replace the corresponding form or forms in Schedule 1 to the Criminal Appeal Rules 1968.

6.  Where, consequent on the amendments made by these Rules to the principal Rules, a document substantially in the form of Forms 2 & 3, 4 or 6 is required to be served on the appropriate officer of the Crown Court, the form shall be addressed to that officer, who shall endorse on it the date of its receipt in the Crown Court.

Mackay of Clashfern, C.

Dated 19th November 1987

Stephen Brown, L.J.

Anthony McCowan, J.

Douglas Brown

Richard Lowry

M. J. Langton

N. R. Purnell

L. J. J. Morgan

L. Naylor

SCHEDULE

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Criminal Appeal Rules 1968 (as amended), with effect from 1st January 1988, to provide that notice of appeal and of application for leave to appeal from conviction and/or sentence to the Court of Appeal Criminal Division should be served on the Crown Court at the centre at which the proceedings took place, rather than on the Registrar of the Court of Appeal Criminal Division. The Schedule to the Rules sets out amended forms of notice and grounds of appeal (which have been amalgamated), of application relating to bail and of application for witness orders.

(1)

1981 c. 54.

(2)

S.I. 1968/1262.

(3)

S.I. 1978/1118.