Introductory Text
PART I GENERAL
1.Citation and commencement
2.Interpretation
3.Service of documents
4.Service by FAX or other means of electronic data transmission
5.Summary appeal court sitting in camera or closed court
6.Representation of appellant in proceedings on an appeal
7.Qualifications to be held by legal representatives
PART II BRINGING AND ABANDONMENT OF APPEALS
8.Bringing of appeals
9.Application for leave to extend time for appealing and for leave to bring an appeal out of time
10.Determination of applications
11.Notice of decision of the judge advocate on an application
12.Application by the authority carrying out a review for leave to refer a case to the summary appeal court
13.Determination of application for leave by the authority carrying out a review
14.Hearings of applications
15.Abandonment of appeals
PART III PROCEDURE ON THE BRINGING OF AN APPEAL
16.Respondent to give notice of intentions on receipt of notice of appeal
17.Uncontested appeals
18.Respondent’s papers
19.Service of additional evidence
20.Witness not called by respondent
21.Service of statement of relevant matters by respondent in an appeal against punishment
22.Notification of the time and place for the hearing of an appeal
PART IV CONSTITUTION OF SUMMARY APPEAL COURT TO HEAR PARTICULAR APPEALS
23.Officers qualified for membership of the summary appeal court
24.Officers who are ineligible to hear particular appeals
25.Spare members
26.Appointment of court officials
PART V EVIDENCE
27.Rules of evidence etc.
28.Admission of facts or matters contained in the respondent’s papers
29.Evidence through television link etc.
30.Witness summons
31.Oaths and affirmations
PART VI MATTERS PRELIMINARY TO THE HEARING OF AN APPEAL
32.Power of the summary appeal court to hear more than one appeal at the same time
33.Preliminary hearings
34.Preliminary hearing without notice to the appellant
35.Matters capable of being dealt with at a preliminary hearing
36.Preliminary hearings in chambers
37.Presence at preliminary hearing by live TV link
PART VII PRACTICE AND PROCEDURE OF THE SUMMARY APPEAL COURT IN RELATION TO THE HEARING OF AN APPEAL
38.Sittings and adjournments
39.Challenges by the appellant
40.Interruption of hearing where a member of the court is unable to continue
41.Refixing of postponed and interrupted hearings
42.Procedure to be adopted where more than one appeal against finding
43.Questions of practice and procedure not covered by the Act or the Rules
PART VIII APPEALS AGAINST FINDING
44.Application of Part VIII
45.Power of respondent to give notice that he no longer contests an appeal against finding
46.Addresses to the court
47.Provisions which are to apply where there are two or more appellants
48.Additional evidence during the hearing of the appeal
49.Expert evidence
50.Exhibits
51.Presence of witnesses
52.Examination of witnesses
53.Submission of no case to answer
54.Finding that charge has not been proved after the close of the respondent’s case
55.Witnesses for the appellant
56.Evidence in rebuttal
57.Deliberation on finding
58.Record of decision of the court on finding
PART IX PRACTICE AND PROCEDURE RELATING TO THE POWERS OF THE COURT TO VARY PUNISHMENT AWARDED
59.Application of Part IX
60.Information to be provided by the respondent
61.Determining disputes of fact
62.Evidence on behalf of the appellant etc.
63.Deliberation on punishment
PART X RECORD OF PROCEEDINGS
64.Record of proceedings
PART XI APPLICATION TO SUMMARY APPEAL COURT TO STATE CASE
65.Application for case to be stated
66.Procedure on stating a case
67.Supplementary provisions relating to stating a case
Signature
SCHEDULES
Schedule 1
Proper address
Schedule 2
Forms
Schedule 3
Evidence
Part I Modifications to section 9 of the Criminal Justice Act 1967
Part II Modifications to sections 10 and 11 of the Criminal Justice Act 1967
Part III Modifications to Parts VII and VIII of the Police and Criminal Evidence Act 1984
Schedule 4
Witness summons
Schedule 5
Oaths and affirmations
Part I Manner of administering oaths and affirmations
Part II Forms of oaths
Part III Forms of Scottish oaths
Part IV Form of solemn affirmation
Explanatory Note