The Criminal Procedure Rules 2015

Reopening the determination of an appeal

This section has no associated Explanatory Memorandum

50.27.—(1) This rule applies where a party wants the High Court to reopen a decision of that court which determines an appeal or an application for permission to appeal.

(2) Such a party must—

(a)apply in writing for permission to reopen that decision, as soon as practicable after becoming aware of the grounds for doing so; and

(b)serve the application on the High Court officer and every other party.

(3) The application must—

(a)specify the decision which the applicant wants the court to reopen; and

(b)give reasons why—

(i)it is necessary for the court to reopen that decision in order to avoid real injustice,

(ii)the circumstances are exceptional and make it appropriate to reopen the decision, and

(iii)there is no alternative effective remedy.

(4) The court must not give permission to reopen a decision unless each other party has had an opportunity to make representations.