Citation and commencement

1. These Rules may be cited as the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) (Interlocutory Appeals) Rules 1997 and shall come into force on 15th April 1997.

Interpretation

2.-(1) In these Rules, unless the context otherwise requires-

"the Act of 1968" means the Criminal Appeal Act 1968(2);

"the Act of 1996" means the Criminal Procedure and Investigations Act 1996(3);

"appellant" means an appellant under section 35(1) of the Act of 1996 including a person who applies for leave to appeal;

"single judge" means a judge of the High Court or the Court of Appeal;

"the principal Rules" means the Criminal Appeal Rules 1968(4);

"registrar" means the registrar of criminal appeals of the Court of Appeal; and

"respondent" means a party in whose favour is made the ruling, or part thereof, appealed against by the appellant.

(2) In reckoning any period of time for the purposes of these Rules, where, apart from this paragraph, the period in question, being a period of 7 days or less, would include a Saturday, Sunday or bank holiday, Christmas Day or Good Friday, that day shall be excluded.

In this paragraph, "bank holiday" means a day which is, or is to be observed as, a bank holiday under section 1 of the Banking and Financial Dealings Act 1971(5), in England and Wales, or which is a holiday under section 2 of that Act(5), in England and Wales.

(3) Save where express provision is made to the contrary, any reference in these Rules to a rule is a reference to a rule contained in these Rules.

Notice of appeal

3.-(1) An application to the judge of the Crown Court for leave to appeal under section 35(1) of the Act of 1996 shall be made orally to the judge within 2 days of the making of the ruling to which it relates.

(2) Unless the application is made on the occasion of the ruling to which it relates, the appellant shall serve notice in writing thereof, specifying the grounds of the application, on the appropriate officer of the Crown Court and on all parties to the preparatory hearing directly affected by the ruling in question.

(3) The appellant shall no later than the day referred to in paragraph (4) below serve notice of appeal from a ruling under section 31(3) of the Act of 1996 or, as the case may be, of an application to the Court of Appeal for leave to appeal from such a ruling on-

(a)the registrar;

(b)the appropriate officer of the Crown Court; and

(c)all parties to the preparatory hearing directly affected by the said ruling.

(4) The day referred to is-

(a)the day which occurs 7 days after the making of the ruling under section 31(3) of the Act of 1996, or

(b)where application for leave to appeal is made under paragraph (1) above, the day which occurs 7 days after such application is determined or withdrawn.

(5) The time for serving notice under paragraph (3) above may be extended, before or after it expires, by the Court of Appeal.

(6) A notice of appeal or of an application to the Court of Appeal for leave to appeal, or an application to the Court of Appeal for an extension of time as referred to in paragraph (5) above, shall be in Form 5312.

(7) If notice in writing of an application for leave to appeal was, under paragraph (2) above, served on the Crown Court, a copy thereof shall accompany the notice of appeal or, as the case may be, of an application to the Court of Appeal for leave to appeal required under paragraph (3) above to be served on the registrar.

(8) Notice of appeal or of an application for leave to appeal may be given either in respect of the whole or any part of the ruling to which it relates and shall-

(a)specify any question of law in respect of which the appeal is brought and, where appropriate, such facts of the case as are necessary for its proper consideration;

(b)summarise the arguments intended to be put to the Court of Appeal; and

(c)specify any authorities intended to be cited.

(9) Where the judge of the Crown Court has given leave to appeal the notice of appeal shall state that fact and specify the grounds on which leave is given.

(10) Notice of appeal or of an application for leave to appeal shall be accompanied by any documents or other things (or copies thereof) necessary for the proper determination of the appeal or application.

Respondent's notice

4.-(1) Upon receiving notice of appeal or of an application to the Court of Appeal for leave to appeal, the respondent if he desires to oppose the appeal, shall, within 7 days of receipt of the notice, serve a notice in Form 5313 on the registrar,-

(a)stating the date on which the appellant's notice was received by the respondent;

(b)summarising his response to the arguments of the appellant; and

(c)specifying the authorities which he intends to cite,

and shall at the same time serve a copy thereof on the appellant and any other party to the proceedings directly affected by the ruling and on the appropriate officer of the Crown Court.

(2) The time for giving notice under this rule may be extended, either before or after it expires, by the Court of Appeal.

Persons in custody

5.-(1) A person in custody shall be entitled to be present on the hearing of an appeal, or an application for leave to appeal, under section 35(1) of the Act of 1996, to which he is a party.

(2) Except as provided by paragraph (1) above, a person in custody shall not be entitled to be present on the hearing of an appeal, or an application for leave to appeal, under the said section 35(1), except-

(a)on an application to the Crown Court for leave to appeal, with the leave of the judge; or

(b)on an appeal, or an application to the Court of Appeal for leave to appeal, with the leave of that Court.

(3) An application for leave to be present under paragraph (2) above shall be made-

(a)where paragraph (2)(a) above applies, orally to the judge;

(b)where paragraph (2)(b) above applies, by serving notice in Form 5314 on the registrar, or orally to the Court.

Supply of documentary and other exhibits

6. Rule 8 of the principal Rules (supply of documentary and other exhibits) shall apply in relation to an appellant and a respondent under section 35(1) of the Act of 1996 as it applies in relation to an appellant and a respondent under Part I of the Act of 1968.

Abandonment of proceedings

7. Rule 10 of the principal Rules (abandonment of proceedings) shall apply for the purposes of an appeal, or an application to the Court of Appeal for leave to appeal, by an appellant under section 35(1) of the Act of 1996 as it applies to an appeal or an application for leave under Part I of the Act of 1968, except that-

(a)notice thereof shall be served on the registrar in Form 5315; and

(b)the requirement under paragraph (3) of the said rule 10 for the registrar to send a copy of a notice of abandonment of proceedings to the Secretary of State shall be omitted.

Powers exercisable by single judge

8.-(1) The following powers may be exercised by a single judge in the same manner as they may be exercised by the Court of Appeal and subject to the same provisions, namely-

(a)to give leave to appeal under section 35(1) of the Act of 1996;

(b)to extend, under rule 3, the time within which notice of appeal or of an application for leave to appeal must be given;

(c)to extend the time within which a notice under rule 4 of opposition to an appeal or application for leave to appeal must be given by the respondent; and

(d)to give leave, in pursuance of rule 5, for a person in custody to be present at any proceedings.

(2) A single judge shall, for the purpose of exercising any of the powers specified above, sit in such place as he appoints, and may sit otherwise than in open court.

Determination by full court

9.-(1) Where a single judge has refused an application on the part of an applicant to exercise in his favour any of the powers referred to in rule 8, the applicant may have the application determined by the Court of Appeal by serving a notice in Form 5316 on the registrar within 7 days, or such longer period as a single judge may fix, from the date on which notice of the refusal was served on him by the registrar.

(2) The notice shall be signed by, or on behalf of, the applicant.

(3) If the notice is not signed by the applicant and the applicant is in custody, the registrar shall, as soon as practicable after receiving the notice, send a copy of it to the applicant.

(4) If such a notice is not served on the registrar within the said 7 days or such longer period as a single judge may fix, the application shall be treated as having been refused by the court.

Notice of determination of court

10.-(1) The registrar shall, as soon as practicable, serve notice of a determination by the Court of Appeal or by a single judge under rule 8 on-

(a)the appellant; and

(b)the respondent and any other person who is directly affected by the ruling to which the appeal or application under section 35(1) of the Act of 1996 relates,

and notice of a determination by a single judge under rule 8 shall be served in Form 5316.

(2) The registrar shall, as soon as practicable, serve notice on the appropriate officer of the Crown Court at the place of trial of the order of the Court of Appeal disposing of an appeal or application for leave to appeal.

Service of documents

11.-(1) Subject to paragraphs (2) to (4) below, rule 21 of the principal Rules (service of documents) shall apply for the purposes of an appeal or an application for leave to appeal under section 35(1) of the Act of 1996 as it applies for the purposes of Part I of the Act of 1968.

(2) Where any document is required under any of these Rules to be served on any party to the proceedings and that party is acting by a solicitor, service of the document may be effected by delivering it, or sending it by post, to the solicitor's address for service.

(3) Where there is inscribed on the writing paper of the person to be served with a document or on the writing paper of his solicitor (where the person to be served is a party to the proceedings and is acting by a solicitor) a document exchange box number, and that person or his solicitor (as the case may be) has not indicated in writing to the person serving the document that he is unwilling to accept service through a document exchange, service of the document may be effected by leaving the document addressed to the numbered box of that person or his solicitor at the document exchange in question or at a document exchange which transmits documents every business day to that document exchange; and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been served on the second business day following the day on which it is left.

(4) In this rule-

(a)"document exchange" means any document exchange for the time being approved by the Lord Chancellor for the purposes of the service of documents under Order 65 rule 5(1) of the Rules of the Supreme Court 1965(6);

(b)"business day" means a day other than a day which is to be excluded for the purposes of reckoning a period of 7 days or less as referred to in rule 2(2); and

(c)"solicitor" includes a body corporate which is recognised by the Council of the Law Society under section 9 of the Administration of Justice Act 1985(7) (a "recognised body") and, in the case of a recognised body, the reference in paragraph (2) above to the solicitor's address for service shall be construed as a reference to the address specified by the recognised body as its address for the purposes of the proceedings relating to the appeal or application for leave to appeal under section 35(1) of the Act of 1996 (including an address specified for the general purposes of the criminal proceedings in relation to which the appeal or application for leave to appeal is made), or, in the absence of such a specified address, to its registered office.

The registrar

12.-(1) The registrar may require the Crown Court at the place of trial to furnish the Court of Appeal with any assistance or information which it may require for the purposes of exercising its jurisdiction.

(2) Subject to paragraphs (3) and (4) below, the registrar shall give as long notice in advance as reasonably possible of the date of hearing of any appeal or application-

(a)to the appellant; and

(b)to the respondent and any other person who is directly affected by the ruling to which the appeal or application under section 35(1) of the Act of 1996 relates.

(3) Paragraph (2) above shall not apply to proceedings before a single judge under rule 8.

(4) Where a party to whom notice is required to be given by this rule is at the material time in custody, notice shall instead be given to the person having custody of him.

Forms

13.-(1) Any reference in these Rules to a form, unless the context otherwise requires, is a reference to a form set out in the Schedule to these Rules.

(2) The forms set out in the Schedule to these Rules or forms substantially to the like effect may be used with such variations as the circumstances may require.

SCHEDULEFORMS

Explanatory Note

(This note is not part of the Rules)

These Rules make provision for regulating the practice and procedure of the criminal division of the Court of Appeal for the purposes of appeals against rulings as to the admissibility of evidence or as to questions of law, made at preparatory hearings in cases which are complex or involve a lengthy trial, under section 31 of the Criminal Procedure and Investigations Act 1996 (c. 25).

Rules 3 and 4 provide for giving notice of appeal or of an application for leave to appeal and for the respondent's notice in response thereto. Rule 5 makes provision enabling persons in custody to be present on appeals or applications for leave to appeal. Rule 6 provides for the supply of documentary and other exhibits by the registrar to the parties to an appeal. Rule 7 applies with modifications rule 10 of the Criminal Appeal Rules 1968 (S.I. 1968/1262) (abandonment of proceedings). Rule 8 gives a single judge power to determine certain applications and rule 9 permits the applicant in case of refusal to apply to the Court of Appeal. Rules 10, 11, 12 and 13 make supplementary provision.

These Rules by virtue of rule 1, come into force on 15th April 1997.