The Criminal Procedure (Amendment No. 2) Rules 2024

Amendments to the Criminal Procedure Rules

13.  In Part 43 (Appeal or reference to the Supreme Court)—

(a) in rule 43.1 (When this Part applies)—

(i) at the end of paragraph (1)(a)(i) omit “or”,

(ii) after paragraph (1)(a)(ii) insert—

“(iii) a reference to the Court of Appeal to which Part 41 applies (Reference to the Court of Appeal of point of law or unduly lenient sentencing) made under section 6A or 6B of the European Union (Withdrawal) Act 2018(1); or”,

(iii) in paragraph (1)(b) for “(Reference to the Court of Appeal of point of law or unduly lenient sentencing)” substitute “made under section 36 of the Criminal Justice Act 1972(2) or section 36 of the Criminal Justice Act 1988(3)”, and

(iv) after the seventh paragraph of the note to the rule insert—

“Under section 6A(8) or section 6B(7) of the European Union (Withdrawal) Act 2018 a party may appeal to the Supreme Court from a decision of the Court of Appeal on a reference to that court under either of those sections. See also Part 41.”; and

(b) in rule 43.2 (Application for permission or reference)—

(i) in the second paragraph of the note to the rule, in the second sentence, for “Under those provisions,” substitute “Under each of those provisions, except for section 6A(8) or section 6B(7) of the European Union (Withdrawal) Act 2018,”, and

(ii) in the third paragraph of the note to the rule after “certificate” insert “, where required,”.

(1)

2018 c. 16; sections 6A and 6B are inserted by section 6 of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28) with effect from a date to be appointed.

(2)

1972 c. 71; section 36 was amended by section 31 of, and paragraph 8 of Schedule 1 to, the Prosecution of Offences Act 1985 (c. 23), section 148 of, and paragraph 23 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4) and section 151 of, and paragraph 9 of Schedule 7 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(3)

1988 c. 33; section 36 was amended by section 272 of, and paragraphs 45 and 46 of Schedule 32 and paragraph 96 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44), section 40 of, and paragraph 48 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4), sections 49 and 65 of, and paragraph 3 of Schedule 1 and Schedule 5 to, the Violent Crime Reduction Act 2006 (c. 38), sections 46, 148 and 149 of, and paragraphs 22 and 23 of Schedule 26 and Part 3 of Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4), paragraph 2 of Schedule 19 and paragraphs 4 and 5 of Schedule 26 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 28 of, and paragraph 2 of Schedule 5 to, the Criminal Justice and Courts Act 2015 (c. 2) and section 416 of, and paragraphs 89 and 267 of Schedule 24 to, the Sentencing Act 2020 (c. 17).