The Criminal Appeal (Amendment) Rules 2004

• Citation: S.I. 2004/1293
• Sections: 2

Section 1 Citation and commencement

These Rules may be cited as the Criminal Appeal (Amendment) Rules 2004 and shall come into force on 1 st June 2004.

Section 2 Amendment of Criminal Appeal Rules 1968

(1) The Criminal Appeal Rules 1968 shall be amended as follows.

(2) For Rules 11 and 12, substitute –

(11) Exercise of Court’s powers to give leave to appeal, etc : general rules

(1) This rule and rule 12 apply when the registrar or a single judge exercises a power conferred by one of these sections of the Act—

(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).

(2) An application for the exercise of any of the powers referred to in paragraph (1) should be in the relevant form scheduled to these Rules or in the form required by the registrar.

(3) An application by an appellant must be signed by him or on his behalf. If it is not signed by him and he is in custody, the registrar must send him a copy as soon as practicable after receiving it.

(4) An application by an appellant must be served on the appropriate officer of the Crown Court if the appellant makes it when he gives notice of appeal or notice of an application for leave to appeal. In all other cases, the application must be served on the registrar.

(5) Neither a single judge nor the registrar need sit in court to exercise any of the powers referred to in paragraph (1) of this rule.

(12) Further applications to a judge or to the Court of Appeal: additional rules

(1) Where—

(a) an appellant renews an application for the exercise of a power conferred by section 31 of the Act (powers exercisable by a single judge) or by section 31A (powers exercisable by the registrar), or

(b) an appellant or a respondent applies for procedural directions under section 31C of the Act (appeals against procedural directions),

then he must do so within 14 days. That period begins when the registrar serves on him notice of the decision that prompts his further application. That period may be extended before or after it expires by the registrar, by a single judge or by the court. The general rule is that an application for an extension of that period will be considered at the same time as the further application itself.

(2) Where—

(a) an appellant may renew to the court an application for the exercise of a power conferred by section 31 of the Act, but

(b) he does not do so within the period fixed by this rule or extended under it,

then his application shall be treated as having been refused by the court.