§ 393 — Death of party to appeal

393.—(1) Where a person has died —(a)

any relevant appeal which might have been begun by the person if he or she were alive may be begun by a person approved by the General Division of the High Court; and

(b)

where any relevant appeal was begun by the person while he or she was alive or is begun in relation to his or her case under paragraph (a), any further step which might have been taken by the person in connection with the appeal if he or she were alive may be taken by a person so approved.[40/2019]

(2) The General Division of the High Court may only give an approval to —(a)

the widow or widower of the deceased;

(b)

a person who is the personal representative of the deceased; or

(c)

any person appearing to the General Division of the High Court to have, by reason of a family or similar relationship with the deceased, a substantial financial or other interest in the determination of a relevant appeal relating to the deceased.[40/2019]

(3) An application for an approval may not be made after the end of the period of one year beginning with the date of death.

(4) Where this section applies, any reference to the appellant in any written law is, where appropriate, to be construed as being or including a reference to the person approved under this section.

(5) Unless the approval is given under subsection (2), every appeal commenced finally abates on the death of an accused.

(6) In this section, “relevant appeal” means an appeal made under this Part.

—(1) Where a person has died —(a)

any relevant appeal which might have been begun by the person if he or she were alive may be begun by a person approved by the General Division of the High Court; and

(b)

where any relevant appeal was begun by the person while he or she was alive or is begun in relation to his or her case under paragraph (a), any further step which might have been taken by the person in connection with the appeal if he or she were alive may be taken by a person so approved.[40/2019]

(2) The General Division of the High Court may only give an approval to —(a)

the widow or widower of the deceased;

(b)

a person who is the personal representative of the deceased; or

(c)

any person appearing to the General Division of the High Court to have, by reason of a family or similar relationship with the deceased, a substantial financial or other interest in the determination of a relevant appeal relating to the deceased.[40/2019]

(3) An application for an approval may not be made after the end of the period of one year beginning with the date of death.

(4) Where this section applies, any reference to the appellant in any written law is, where appropriate, to be construed as being or including a reference to the person approved under this section.

(5) Unless the approval is given under subsection (2), every appeal commenced finally abates on the death of an accused.

(6) In this section, “relevant appeal” means an appeal made under this Part.