The Criminal Procedure Rules 2005

Request for adjournment

66.2.—(1) A request by the prosecutor for an adjournment under section 58(4)(a)(ii) of the Criminal Justice Act 2003 must be made to the judge of the court immediately following the making of a ruling to which section 58 of that Act refers, unless paragraph (2) applies.

(2) If that ruling is a ruling of no case to answer, an application by the prosecutor under paragraph (1) must be made immediately following that ruling of no case to answer notwithstanding that the prosecutor may also nominate earlier rulings to be the subject of an appeal.

(3) The judge of the court shall grant the request unless it is in the interests of justice for the prosecutor to indicate immediately whether or not he intends to seek leave to appeal.

(4) The adjournment shall be until the next business day after the day on which the ruling was given, unless the interests of justice require a longer adjournment.

(5) Subject to rule 66.8, as soon as is reasonably practicable after the prosecutor informs the judge of the court that he intends to seek leave to appeal or requests an adjournment to consider whether to do so, the court officer shall provide a transcript of the ruling which is the subject of the proposed appeal to—

(a) the prosecutor;

(b) the defendant; and

(c) any interested party.