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The Criminal Procedure Rules 2020

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Exercise of functions of the Court of AppealE+W

This section has no associated Explanatory Memorandum

2.5.—(1) This rule provides for the exercise by an authorised court officer of relevant judicialfunctions of—

(a)the criminal division of the Court of Appeal; and

(b)the Registrar of Criminal Appeals.

(2) Subject to rule 2.4, an authorised court officer may exercise—

(a)any function of the criminal division of the Court of Appeal that may be exercised by the Registrar of Criminal Appeals; and

(b)any other judicial function of the Registrar.

(3) Where an authorised court officer exercises a function of the court—

(a)the same provision as that made by section 31A(4) or section 31C(3), as the case may be, of the Criminal Appeal Act 1968(1) applies as if that function had been exercised by the Registrar; and

(b)rule 36.5 (Renewing an application refused by a judge or the Registrar) applies.

[Note. See also rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers.

For the functions of the criminal division of the Court of Appeal that may be exercised by the Registrar of Criminal Appeals, see sections 31A and 31B of the Criminal Appeal Act 1968(2). For other functions of the Registrar, see section 21 of that Act(3).

Sections 31A(4) and 31C(3) of the 1968 Act provide for the reconsideration by a judge of a decision by the Registrar to which those provisions apply.]

Commencement Information

I1Rule 2.5 in force at 5.10.2020, see Preamble

(1)

1968 c. 19; section 31A was inserted by section 6 of the Criminal Appeal Act 1995 (c. 35) and amended by sections 87 and 109 of, and Schedule 10 to, the Courts Act 2003 (c. 39) and paragraphs 86 and 88 of Schedule 36 to the Criminal Justice Act 2003 (c. 44). Section 31C was inserted by section 87 of the Courts Act 2003 (c. 39) and amended by sections 47 and 149 of, and paragraphs 1 and 12 of Schedule 8 and part 3 of Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4).

(2)

1968 c. 19; section 31B was inserted by section 87 of the Courts Act 2003 (c. 39).

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