PART 65APPEAL TO THE COURT OF APPEAL: GENERAL RULES

Hearings65.6

1

The general rule is that the Court of Appeal must hear in public—

a

an application, including an application for permission to appeal; and

b

an appeal or reference,

but it may order any hearing to be in private.

2

Where a hearing is about a public interest ruling, that hearing must be in private unless the court otherwise directs.

3

Where the appellant wants to appeal against an order restricting public access to a trial, the court—

a

may decide without a hearing—

i

an application, including an application for permission to appeal, and

ii

an appeal; but

b

must announce its decision on such an appeal at a hearing in public.

4

Where the appellant wants to appeal or to refer a case to the Supreme Court, the court—

a

may decide without a hearing an application—

i

for permission to appeal or to refer a sentencing case, or

ii

to refer a point of law; but

b

must announce its decision on such an application at a hearing in public.

5

A judge of the Court of Appeal and the Registrar may exercise any of their powers—

a

at a hearing in public or in private; or

b

without a hearing.

[Note. For the procedure on an appeal against an order restricting public access to a trial, see Part 69.]