 House of Lords |
Session 1999-2000
Publications on the Internet Judgments |
| Practice Directions Applicable to Criminal Appeals
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Footnotes1 s. 33(1) Criminal Appeal Act 1968. [Back] 2 s. 39(1) Courts-Martial (Appeals) Act 1968. [Back] 3 s. 40(1) Judicature (Northern Ireland) Act 1978; s. 31(1) Criminal Appeal (Northern Ireland) Act 1980. [Back] 4 s. 41(1)(b) Judicature (Northern Ireland) Act 1978. [Back] 5 s. 1(1) Administration of Justice Act 1960. [Back] 6 s. 41(1)(a) Judicature (Northern Ireland) Act 1978. [Back] 7 s. 13 Administration of Justice Act 1960; s. 44 Judicature (Northern Ireland) Act 1978. Appeals under either section in cases involving civil contempt of court are subject to the Practice Directions and Standing Orders applicable to Civil Appeals. [Back] 8 s. 33(2) Criminal Appeal Act 1968; s. 1(2) Administration of Justice Act 1960; s. 39(2) Courts-Martial (Appeals) Act 1968; s. 31(2) Criminal Appeal (Northern Ireland) Act 1980; s. 41(2) Judicature (Northern Ireland) Act 1978. [Back] 9 s. 15(3) Administration of Justice Act 1960; s. 45(3) Judicature (Northern Ireland) Act 1978. [Back] 10 s. 13(4) Administration of Justice Act 1960; s. 44(4) Judicature (Northern Ireland) Act 1978. [Back] 11 s. 34(1) Criminal Appeal Act 1968; s. 2(1) Administration of Justice Act 1960; s. 40(1) Courts-Martial (Appeals) Act 1968; s. 32(1) Criminal Appeal (Northern Ireland) Act 1980; Schedule 1, paragraph 1(1) Judicature (Northern Ireland) Act 1978. [Back] 12 s. 34(2) Criminal Appeal Act 1968; s. 2(3) Administration of Justice Act 1960; s. 40(2) Courts-Martial (Appeals) Act 1968; s. 32(2) Criminal Appeal (Northern Ireland) Act 1980; Schedule 1, paragraph 1(2) Judicature (Northern Ireland) Act 1978. [Back] 13 Or, in Northern Ireland, to the Legal Aid Committee. This applies to a petition for leave to appeal against an Order of the High Court. [Back] 14 For style, see Appendix A. For preparation of documents, see Direction 29. [Back] 15 See Direction 30. [Back] 16 See the speech of Viscount Simonds in Gelberg v. Miller [1961] 1 All E.R. 618. [Back] 17 The singular form is used only for individuals. [Back] 18 Their names should be enclosed in square brackets. [Back] 19 For style, see Appendix A. [Back] 20 If the judgment has been published in a report which is ordinarily received in court, copies of the report may be lodged in lieu of transcripts. Transcripts of judgments marked as in draft are not acceptable without certification by the relevant court that the copy is the final version of the judgment. [Back] 21 In magistrates' courts, a memorandum of conviction; in the Crown Court, a certificate of conviction. [Back] 22 See Direction 1.3. [Back] 23 See Forms of Bills of Costs applicable to Judicial Taxations in the House of Lords, available on request from the Judicial Office. [Back] 24 Ibid. [Back] 25 Or s. 18 Legal Aid Act 1988; or, in Scotland, pursuant to s. 19 Legal Aid (Scotland) Act 1986 or, in Northern Ireland, pursuant to Article 16 Legal Aid Advice and Assistance (N.I.) Order 1981. [Back] 26 See Forms of Bills of Costs applicable to Judicial Taxations in the House of Lords, available on request from the Judicial Office. [Back] 27 See Direction 5.14. [Back] 28 The singular form is used only for individuals. [Back] 29 Their names should be enclosed in square brackets. [Back] 30 For style, see Appendix C. [Back] 31 For the lodging of the statement, see Direction 12. [Back] 32 See Direction 14. [Back] 33 Particular attention is drawn to the remarks of Lord Diplock in M V Yorke Motors v. Edwards [1982] 1 W.L.R. 444; [1982] 1 All E.R. 1024. [Back] 34 See the penultimate paragraph of the speech of the Lord Chancellor in Regina v. Mandair [1994] 2 All E.R. 715. [Back] 35 For the lodging of the Appendix, see Direction 14. [Back] 36 See Appendix F. [Back] 37 See Lord Diplock's speech in M.V. Yorke Motors v. Edwards, [1982] 1 W.L.R. 444, [1982] 1 All E.R. 1024. [Back] 38 See Standing Order VI(3). [Back] 39 I.e. no later than two weeks before the proposed date of the hearing. [Back] 40 For further directions, see Direction 29. [Back] 41 On the use of unreported cases, see Direction 16.6. [Back] 42 See Appendix I. [Back] 43 Criminal causes are likely to be listed quickly and at short notice. [Back] 44 This Direction also applies to unassisted parties who, if successful, would seek an order for costs under s. 18 Legal Aid Act 1988, s. 19 Legal Aid (Scotland) Act 1986 or Article 16 Legal Aid, Advice and Assistance (Northern Ireland) Order 1981; such parties should inform the Scottish Legal Aid Board or the Legal Aid Committee respectively. [Back] 45 This period is not affected by suspended orders made under Article 16 Legal Aid Advice and Assistance (N.I.) Order 1981. [Back] 46 Report on the Clerk of the Parliaments' reference regarding criminal legal aid taxation, Session 1997-98, HL 145. [Back] 47 For style, see Appendix D. [Back] 48 See Direction 36. [Back] 49 See Standing Order X. For style of petition, adapt Appendix E. [Back] 50 See Standing Order VI(3). For the purposes of the Standing Order, "counsel" includes any solicitor who has obtained a Higher Courts Qualification in respect of civil proceedings. [Back] 51 For the purposes of this Direction, "counsel" includes any solicitor who has obtained a Higher Courts Qualification in respect of civil proceedings. [Back] 52 See Appendix G. [Back] 53 See Appendix H. If the respondents are to lodge separate volumes, they are to be bound in a shade of green distinct from that used by the appellants. [Back] 54 Abbreviated if necessary. [Back] 55 Abbreviated if necessary. [Back] 56 The Human Rights Act 1998 gives further effect in domestic law to much of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4 November 1950. [Back] 57 See Direction 4.1. [Back] 58 See Appendix C. [Back] 59 ss. 4 and 5 Human Rights Act 1998. [Back] 60 Through a Minister, governmental body or other person defined in s. 5(2) Human Rights Act 1998. [Back] 61 In appeals from England, the Clerk of the Parliaments will notify the Attorney-General. In appeals from Scotland, the Clerk of the Parliaments will notify the Advocate General for Scotland and the Lord Advocate. In appeals from Wales, the Clerk of the Parliaments will, if appropriate, notify the Counsel General of the National Assembly for Wales. In appeals from Northern Ireland, the Clerk of the Parliaments will notify the Attorney General for Northern Ireland. [Back] 62 Under ss. 7, 9(3) and 9(4) Human Rights Act 1998. [Back] 63 In appeals from Scotland, the Clerk of the Parliaments will notify the Solicitor to the Scottish Executive. In appeals from Northern Ireland, the Clerk of the Parliaments will notify the Crown Solicitor and the Departmental Solicitor. [Back] 64 ss. 5(2) and 9(5) Human Rights Act 1998. [Back] 65 For form, see Appendix E. [Back] 66 See Direction 36. [Back] 67 See Standing Order IX. [Back] 68 See Standing Order XIV. For Nautical Assessors, see also s.3 Supreme Court of Judicature Act 1891. [Back] 69 For style of petition, adapt Appendix E. [Back] 70 The right was first established by the Criminal Appeal Act 1907. The first criminal appeal to the House was heard and determined in 1910: Director of Public Prosecutions v. Ball. [Back] 71 See Direction 4.4. [Back] 72 If the Crown is Petitioner, insert here 'the Director of Public Prosecutions [or other prosecuting authority] (on behalf of Her Majesty)'. [Back] 73 See Direction 4.4. [Back] 74 See Direction 10.3. [Back] 75 See Direction 10.3. [Back] 76 Or other variation as required. Agents should consult the Judicial Office. [Back] 77 See Direction 10.3. [Back] 78 See Direction 10.3. [Back] 79 See Direction 10.3. The title may be abbreviated if appropriate. [Back] 80 The number should only be indicated if there is more than one volume. [Back] 81 The list of the contents should be amended as appropriate. [Back] 82 See Direction 10.3. The title may be abbreviated if appropriate. [Back] 83 The number should only be indicated if there is more than one volume. [Back] 84 Offices Committee, 6th Report (1999-2000), HL 97. [Back] 85 Offices Committee, 6th Report (1999-2000), HL 97. [Back] 86 See Appeal Committee, 28th Report (2000-01): Regina v. Weir (Respondent) (HL 28). [Back] 87 Also pursuant to r. 5(2) Community Legal Service (Cost Protection) Regulations 2000 and in accordance with the procedural requirements of rr. 9, 10 Community Legal Service (Costs) Regulations 2000 as amended. [Back] 88 Under the Human Rights Act 1998, which gives further effect in domestic law to much of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4 November 1950. [Back] 89 See Directions 10.8 and 30. See also Appeal Committee, 31st Report (2000-01): Regina v. A (Respondent) (HL 44). [Back]
90 Also pursuant to r. 5(2) Community Legal Service (Cost Protection) Regulations 2000. [Back]
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| © Parliamentary copyright 2000 | Prepared 1 November 2000 |