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The Crown Court (Prosecution Appeals) Rules (Northern Ireland) 2005
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Application for leave to appeal
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3.—(1) Where the prosecution intends to appeal against a ruling under Article 17 of the 2004 Order, it shall inform the judge of its intention –
(a)immediately following the making of that ruling; or
(b)where proceedings have been adjourned pursuant to Article 17(4)(b) of the 2004 Order, immediately upon the resumption of the said proceedings.
(2) The prosecution may apply orally for leave to appeal at the same time as it informs the judge of its intention to appeal.
(3) Before determining an application for leave to appeal, the judge may hear oral representations from the defendant.
(4) An oral application for leave to appeal shall be determined by the judge on the day on which it is made or, where there are exceptional circumstances, on the business day next following the day on which it is made.
(5) Where the judge grants leave to appeal he shall issue a certificate which shall be in Form 1 in the Schedule and which shall be forwarded, by the chief clerk, to the proper officer.
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