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36.8.—[F1(1) The Crown Court officer must—
(a)where electronic arrangements have been made to receive and store information and documents for the Crown Court, as soon as practicable ensure that all such material is available to the Registrar in accordance with those arrangements; and
(b)provide the Registrar with any document, object or information for which the Registrar asks, within such period as the Registrar may require.]
(2) Where someone may appeal to the Court of Appeal, the Crown Court officer must keep any document or object exhibited in the proceedings in the Crown Court, or arrange for it to be kept by some other appropriate person, until—
(a)6 weeks after the conclusion of those proceedings; or
(b)the conclusion of any appeal proceedings that begin within that 6 weeks,
unless the court, the Registrar or the Crown Court otherwise directs.
(3) Where Part 37 applies ([F2Appeal to the Court of Appeal against ruling at preparatory hearing or in response to jury tampering]), the Crown Court officer must as soon as practicable serve on the appellant a transcript or note of—
(a)each order or ruling against which the appellant wants to appeal; and
(b)the decision by the Crown Court judge on any application for permission to appeal.
(4) Where Part 38 applies (Appeal to the Court of Appeal against ruling adverse to prosecution), the Crown Court officer must as soon as practicable serve on the appellant a transcript or note of—
(a)each ruling against which the appellant wants to appeal;
(b)the decision by the Crown Court judge on any application for permission to appeal; and
(c)the decision by the Crown Court judge on any request to expedite the appeal.
(5) Where Part 39 applies (Appeal to the Court of Appeal about conviction or sentence), the Crown Court officer must as soon as practicable serve on or make available to the Registrar—
(a)any Crown Court judge’s certificate that the case is fit for appeal;
(b)the decision on any application at the Crown Court centre for bail pending appeal;
(c)such of the Crown Court case papers as the Registrar requires; and
(d)such transcript of the Crown Court proceedings as the Registrar requires.
(6) Where Part 40 applies (Appeal to the Court of Appeal about reporting or public access) and an order is made restricting public access to a trial, the Crown Court officer must—
(a)immediately notify the Registrar of that order, if the appellant has given advance notice of intention to appeal; and
(b)as soon as practicable provide the applicant for that order with a transcript or note of the application.
[Note. See also section 87(4) of the Senior Courts Act 1981(1) and rules 5.5 (Recording and transcription of proceedings in the Crown Court), 36.9 (duty of person transcribing record of proceedings in the Crown Court) and 36.10 (Duty of person keeping exhibit).]
Textual Amendments
F1Rule 36.8(1) substituted (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(e), 20
F2Words in rule 36.8(3) substituted (7.10.2024) by The Criminal Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/842), rule 2, Sch. 2 para. 9(c)
Commencement Information
I1Rule 36.8 in force at 5.10.2020, see Preamble
1981 c. 54; section 87(4) was amended by articles 2 and 3 of, and paragraphs 11 and 17 of the Schedule to, S.I. 2004/2035.
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