The Criminal Procedure Rules 2015

HearingsE+W

This section has no associated Explanatory Memorandum

36.6.—(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 40.]