The Criminal Appeal (Amendment) Rules 2004

Explanatory Note

(This note is not part of the Order)

These Rules substitute rules 11 and 12 of the Criminal Appeal Rules 1968 so as to take account of new sections 31B (procedural directions) and 31C (appeals against procedural directions) of the Criminal Appeal Act 1968, inserted by section 87(3) of the Courts Act 2003. New section 31B will allow either the registrar, or a single judge, to give procedural directions. New section 31C provides both the appellant and the prosecutor with a right of appeal either to a single judge (following a determination by the registrar) or to the full Court (following a determination by a single judge).

At present, rules 11 and 12 apply only to the exercise of powers by a single judge under section 31(2) of the Criminal Appeal Act 1968 and to the right to renew an application to the full Court under section 31(3) of that Act. The new rules will apply to any application to the registrar, or to a single judge, or to the Court of Appeal, for the exercise of a power conferred by—

(a) section 31 (powers exercisable by a single judge),

(b) section 31A (powers exercisable by the registrar),

(c) section 31B (procedural directions by a single judge or the registrar), or

(d) section 31C (appeals against procedural directions)

of the Criminal Appeal Act 1968.

New rule 11 prescribes the form and requirements of service for such applications. It also permits the registrar or a single judge, when exercising a power conferred by one of those sections, to sit otherwise than in open court. New rule 12 prescribes additional rules, including a time limit, for making a further application to a single judge or to the full Court.