The Criminal Procedure (Amendment) Rules 2017

Amendments to the Criminal Procedure Rules 2015

9.  In Part 36 (Appeal to the Court of Appeal: general rules)—

(a) for rule 36.14 (Abandoning a ground of appeal or opposition) substitute—

“Grounds of appeal and opposition

36.14.— (1) If the court gives permission to appeal then unless the court otherwise directs the decision indicates that—

(a) the appellant has permission to appeal on every ground identified by the appeal notice; and

(b) the court finds reasonably arguable each ground on which the appellant has permission to appeal.

(2) If the court gives permission to appeal but not on every ground identified by the appeal notice the decision indicates that—

(a) at the hearing of the appeal the court will not consider representations that address any ground thus excluded from argument; and

(b) an appellant who wants to rely on such an excluded ground needs the court’s permission to do so.

(3) An appellant who wants to rely at the hearing of an appeal on a ground of appeal excluded from argument by a judge of the Court of Appeal when giving permission to appeal must—

(a) apply in writing, with reasons, and identify each such ground;

(b) serve the application on—

(i) the Registrar, and

(ii) any respondent;

(c) serve the application not more than 14 days after—

(i) the giving of permission to appeal, or

(ii) the Registrar serves notice of that decision on the applicant, if the applicant was not present in person or by live link when permission to appeal was given.

(4) Paragraph (5) applies where a party wants to abandon—

(a) a ground of appeal on which that party has permission to appeal; or

(b) a ground of opposition identified in a respondent’s notice.

(5) Such a party must serve notice on—

(a) the Registrar; and

(b) each other party,

before any hearing at which that ground will be considered by the court.

[Note. In some legislation, including the Criminal Appeal Act 1968, permission to appeal is described as ‘leave to appeal’.

Under rule 36.5 (Renewing an application refused by a judge or the Registrar), if permission to appeal is refused the application for such permission may be renewed within the time limit (14 days) set by that rule.]”; and

(b) amend the table of contents correspondingly.