Criminal Appeal Rules 1968
| Jurisdiction | UK Non-devolved |
| Citation | SI 1968/1262 |
1968 No. 1262
CRIMINAL PROCEDURE, ENGLAND AND WALES
The Criminal Appeal Rules 196831stJuly 1968
14thAugust 1968
1stSeptember 1968
ARRANGEMENT OF RULES
1. Certificate of trial judge.
2. Notice of appeal and application for extension of time.
3. Application for bail, leave to be present or reception of evidence.
4. Bail.
5. Variation or revocation of bail.
6. Forfeiture of bail.
7. Custody of exhibits.
8. Supply of documentary and other exhibits.
9. Examination of witness by court.
10. Abandonment of proceedings.
11. Hearing by single judge.
12. Determination by full court.
13. Enforcement of fines.
14. Dismissal of appeal against hospital order.
15. Notice of determination of court.
16. Reference by Home Secretary.
17. Sittings in vacation.
18. Record of proceedings at trial.
19. Transcripts.
20. Verification of record of proceedings.
21. Service of documents.
22. The Registrar.
23. Appeal to the House of Lords.
24. Forms.
25. Definitions.
26. Repeals.
27. Citation and commencement.
SCHEDULES
SCHEDULE 1—Forms.
Form 1 Judge's certificate.
Form 2 Notice of appeal or application for leave of court.
Form 3 Grounds of applications for extension of time, leave to appeal against conviction and leave to appeal against sentence.
Form 4 Notice of application for bail.
Form 5 Notice of application for leave to be present.
Form 6 Notice of application for reception of evidence.
Form 7 Recognizance of appellant.
Form 8 Recognizance of appellant's surety.
Form 9 Recognizance of appellant pending retrial.
Form 10 Recognizance of appellant's surety pending retrial.
Form 11 Certificate by Registrar of conditions of bail.
Form 12 Certificate of Registrar that all recognizances taken.
Form 13 Witness Order.
Form 14 Notice of abandonment of proceedings.
Form 15 Application for determination by Court of Appeal.
Form 16 Warrant directing conveyance of appellant to hospital.
Form 17 Notice of application for leave to appeal to the House of Lords.
Form 18 Recognizance of defendant on appeal to House of Lords.
Form 19 Recognizance of defendant's surety on appeal to House of Lords.
SCHEDULE 2—Rules revoked.
We, the Rule Committee of the Supreme Court, in pursuance of the powers conferred upon us by section 99 of the Supreme Court of Judicature (Consolidation) Act 1925(a), section 2(5) of the Criminal Appeal Act 1966(b), and section 46 of the Criminal Appeal Act 1968(c), hereby make the following rules of court:—
Certificate of trial judge
1.—(1) The certificate of the judge of the court of trial under section 1(2), 12 or 15(2) of the Act that a case is a fit case for appeal shall be in Form 1.
(2) The certificate shall be forwarded forthwith to the Registrar, whether or not the person to whom the certificate relates has applied for a certificate.
(3) A copy of the certificate shall be forwarded forthwith to the person to whom the certificate relates or to his legal representative.
Notice of appeal and application for extension of time
2.—(1) Notice of appeal or of an application for leave to appeal under Part I of the Act shall be given by completing Part 1 of Form 2 and so much of Part 2 thereof as relates to the notice and serving it on the Registrar.
(a) 1925 c. 49.
(b) 1966 c. 31.
(c) 1968 c. 19.
(2)(a) A notice of appeal or of an application for leave to appeal shall be accompanied by a notice in Form 3 containing the grounds of the appeal or application.
(b) If the appellant has been convicted of more than one offence, the notice in Form 3 shall specify the convictions or sentences against which the appellant is appealing or applying for leave to appeal.
(c) The grounds of an appeal or application set out in Form 3 may, with the consent of the court, be varied or amplified within such time as the court may allow.
(3)(a) Notice of an application to extend the time within which notice of appeal or of an application for leave to appeal may under Part I of the Act be given shall be given by completing so much of Part 2 of Form 2 as relates to the application and by giving notice of appeal or of an application for leave to appeal in accordance with the foregoing provisions of this Rule.
(b) Notice of an application to extend the time within which notice of appeal or of an application for leave to appeal may under Part I of the Act be given shall specify the grounds of the application.
(4) An appellant who is appealing or applying for leave to appeal against conviction shall specify in Form 3 any exhibit produced at the trial which he wishes to be kept in custody for the purposes of his appeal.
(5) Forms 2 and 3 shall be signed by, or on behalf of, the appellant.
(6) If Form 2 or Form 3 is not signed by the appellant and the appellant is in custody, the Registrar shall, as soon as practicable after receiving the form, send a copy of it to the appellant.
(7) In the case of an appellant who does not require leave to appeal or who is given leave to appeal, a notice of application for leave to appeal shall be treated as a notice of appeal; and in the case of an appellant who requires leave to appeal but who serves on the Registrar notice of appeal, the notice of appeal shall be treated also as an application for leave to appeal.
Application for bail, leave to be present or reception of evidence
3.—(1) Notice of an application by the appellant—
(a) to be admitted to bail pending the determination of his appeal or pending his retrial shall be in Form 4 and, unless notice of appeal or of an application for leave to appeal has previously been given, shall be accompanied by such a notice;
(b) to be given leave by the court to be present at proceedings for which such leave is required shall be in Form 5;
(c) that a witness who would have been a compellable witness at the trial be ordered to attend for examination by the court shall be in Form 6;
(d) that the evidence of a witness be received by the court shall be in Form 6;
and shall be served on the Registrar.
(2) An application as aforesaid may be made to the court orally.
Bail
4.—(1) Where the court directs the admission of an appellant to bail pending the determination of his appeal or pending his retrial, the court shall determine the number of sureties, if any, the amount in which he and any sureties are to be bound and the conditions to be endorsed on the recognizances with a view to the recognizances being taken subsequently.
(2) The recognizance of an appellant shall be in Form 7 and that of a surety in Form 8, except that in relation to an appellant admitted to bail pending his retrial his recognizance shall be in Form 9 and that of a surety in Form 10.
(3) Any such recognizance may be entered into before the Registrar, a justice of the peace, the clerk of a magistrates' court, a member of a police force either of or above the rank of inspector or in charge of a police station or, in the case of an appellant who is in custody, before the person having custody of him.
(4) The Registrar, if he does not take the recognizances, shall issue a certificate in Form 11 showing the conditions of the recognizances and the amounts in which the appellant and any sureties are to be bound; and a person authorised to take a recognizance under this Rule shall not be required to take it without production of such a certificate as aforesaid.
(5) A person authorised to take the recognizance of a surety under this Rule shall not do so unless he is satisfied that the person entering into the recognizance is, in all the circumstances, a suitable person to do so.
(6) Where a recognizance is taken under this Rule by a person other than the Registrar, that person shall send it to the Registrar.
(7) A person taking a recognizance under this Rule shall give a copy thereof to the person entering into the recognizance.
(8) The person having custody of an appellant shall—
(a) on receipt of a certificate in Form 12 signed by the Registrar stating that the recognizances of any sureties required by the court have been taken or on being otherwise satisfied that all such recognizances have been taken, and
(b) on being satisfied that the appellant has entered into his recognizance, release the appellant.
(9) Where the court has granted bail pending retrial, the Registrar on receipt of all the recognizances shall forward them to the clerk of the court before which the appellant is to be retried.
Variation or revocation of bail
5.—(1) Where the court grants the application of an appellant to be admitted to bail pending the determination of his appeal or pending his retrial, the court may at any time reduce the amount in which it is proposed that he or any surety should be bound or dispense with any of the sureties or modify any condition specified by the court.
(2)(a) Where an appellant is released on bail pending the determination of his appeal or pending his retrial, the court may at any time, without prejudice to their power to order the forfeiture of his recognizance or that of any of his sureties or to a constable's power of arrest under section 23 of the Criminal Justice Act 1967(a), order his arrest and recommittal to custody.
(b) Where an appellant is recommitted to custody, the person having custody of him shall forthwith notify the Registrar of the fact.
(c) An appellant who has been recommitted to custody under this Rule may again be admitted to bail under these Rules.
(3) In this Rule any reference to the court shall include a reference to a judge of the court.
Forfeiture of bail
6.—(1) Where an appellant is admitted to bail pending the determination of his appeal or pending his retrial and he does not comply with the conditions endorsed on his recognizance, the court may order his recognizance and that of any of his sureties to be forfeited.
(2) Such an order shall fix a term of imprisonment which the person whose recognizance is forfeited is to undergo if the sum which he is liable to pay is not duly paid or recovered and may—
(a) allow time for the payment of such sum;
(b) direct...
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