2 Criminal Appeal Act 1968 s 33(1) (as amended); Criminal Justice Act 2003, Part 9. [Back]
3 Courts-Martial (Appeals) Act 1968 s 39(1). [Back]
4 Judicature (Northern Ireland) Act 1978 s 40(1)(b); Criminal Appeal (Northern Ireland) Act 1980 s 31(1) (as amended). [Back]
5 Judicature (Northern Ireland) Act 1978 s 41(1)(b). [Back]
6 Administration of Justice Act 1960 s 1(1)(a) (as amended); Extradition Act 2003 ss 32, 114. [Back]
7 Judicature (Northern Ireland) Act 1978 s 41(1)(a); Extradition Act 2003 ss 32, 114. [Back]
8 Administration of Justice Act 1960 s 13; Judicature (Northern Ireland) Act 1978 s 44. Appeals under either section in cases involving civil contempt of court are subject to the Practice directions applicable to Civil Appeals (October 2007 ed). [Back]
9 Criminal Appeal Act 1968 s 33(2); Administration of Justice Act 1960 s 1(2); Courts-Martial (Appeals) Act 1968 s 39(2); Judicature (Northern Ireland) Act 1978 s 41(2); Criminal Appeal (Northern Ireland) Act 1980 s 31(2); Extradition Act 2003 ss 32, 114; Proceeds of Crime Act (Appeals under Part 4 ) Order 2003, SI 2003/458. [Back]
10 Administration of Justice Act 1960 s 15(3) (as amended); Judicature (Northern Ireland) Act 1978 s 45(3). [Back]
11 Administration of Justice Act 1960 s 13(4); Judicature (Northern Ireland) Act 1978 s 44(4). [Back]
12 Supreme Court Act 1981 s 18(1)(a). [Back]
13 Administration of Justice Act 1960 s1(1) & (2) and the decisions of the House in Re Poh, Eastaway and Burkett. [Back]
14 Criminal Appeal Act 1968 s 34(1) (as amended) ; Administration of Justice Act 1960 s 2(1) (as amended). [Back]
15 Proceeds of Crime Act 2002 (appeals under Part 2) Order 2003 (SI 2003 No 82), Part 3, Article 12. [Back]
16 Proceeds of Crime Act 2002 (appeals under Part 4) Order 2003 (SI 2003 No 483), Part 3, Article 11. [Back]
17 Criminal Justice Act 1988 Sch 3, para 4. [Back]
18 Criminal Appeal Act 1968, ss 33(1B), 34(2); see also Appeal Committee, 13th Report (2000-01): Regina v. Weir (Respondent) (HL Paper 28). [Back]
19 Criminal Appeal Act 1968 s 34(2); Administration of Justice Act 1960 s 2(3); Courts-Martial (Appeals) Act 1968 s 40(2); Criminal Appeal (Northern Ireland) Act 1980 s 32(2); Judicature (Northern Ireland) Act 1978 Schedule 1, paragraph 1(2). Section 1A of the Geneva Conventions Act 1957 makes, in relation to protected prisoners, certain extensions to the time limits in the Administration of Justice Act 1960, the Criminal Appeal Act 1968, the Courts-Martial (Appeals) Act 1968 and the Criminal Appeal (Northern Ireland) Act 1968. [Back]
20 For form of petition, see Appendix A, Form 3. [Back]
21 For style see Appendix A, Forms 1, 2. [Back]
22 See speech of Viscount Simonds in Gelberg v. Miller [1961] 1 All E.R. 618. [Back]
23 For style see Appendix A, Form 2. [Back]
24 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 "in draft" are not accepted without certification by the relevant court that the copy is the final version of the judgment. [Back]
25 Or, in the case of a County Court, of the Judge's Notes. [Back]
26 See also directions 32.2 and 32.3 for practice where a point of European Community law is raised on a petition for leave to appeal. [Back]
27 See Appeal Committee, 38th Report (2002-03): Petitions for leave to appeal: reasons for the refusal of leave (HL Paper 89). [Back]
28 The record of the House's proceedings. [Back]
29 See Practice directions applicable to judicial taxations in the House of Lords and forms of bills of costs, available from the Judicial Office and at www.parliament.uk. [Back]
30 Ibid. [Back]
31 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]
32 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]
33 See n 34 above. [Back]
35 Standing Order I. The court below may reduce but may not extend the three month period. For extensions of time in publicly funded/legal aid cases, see direction 37. [Back]
36 Extradition Act 2003 ss 32, 114. [Back]
37 Adapt Appendix A, Form 4 using Form 3 as a model. [Back]
38 See Appendix A, Form 4 for style of petition and direction 24 for preparation of documents. [Back]
39 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]
40 For style see Appendix A, Form 5. [Back]
41 The record of the Houses's proceedings. [Back]
42 See penultimate paragraph of Lord Chancellor's speech in R v Mandair [1994] 2 All E.R. 715. [Back]
43 Standing Order VI(1). For extensions of time in publicly funded/legally aided cases, see direction 37. [Back]
44 Standing Order VIII. [Back]
45 See direction 37.1-37.3. [Back]
46 As the "third sitting day" depends on future sittings of the House, the date of expiry is not fixed. The appellants should contact the Judicial Office from time to time to discover how sittings of the House affect this date. [Back]
47 For form of application for setting down, see Appendix A, Form 12. [Back]
48 See Lord Diplock's speech in M.V.Yorke Motors v. Edwards [1982] 1 WLR 444, [1982] 1 All E.R. 1024. [Back]
49 Standing Order VI(3). [Back]
50 See Appendix B for a list of authorities held by the House of Lords Library. [Back]
51 This period is not affected by suspended orders made under Legal Aid Advice and Assistance (N.I.) Order 1981 Article 16. [Back]
52 Report on the Clerk of the Parliaments' reference regarding criminal legal aid taxation, (1997-98), (HL Paper 145). [Back]
53 For style, see Appendix A, Form 7. [Back]
54 Standing Order X. For style of petition, adapt Appendix A, Form 8. [Back]
55 See Appendix A, Form 4. [Back]
56 See 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]
57 Human Rights Act 1998 ss 4, 5. [Back]
58 Through a Minister, governmental body or other person defined in Human Rights Act 1998 s 5(2). [Back]
59 The Head of the Judicial Office notifies: [Back]
(i) in appeals from England, the Attorney-General; [Back] (ii)
(iii) in appeals from Scotland, the Advocate General for Scotland and the Lord Advocate; [Back] (iv)
(v) in appeals from Wales, if appropriate, the Counsel General of the National Assembly for Wales; [Back] (vi)
(vii) in appeals from Northern Ireland, the Attorney General for Northern Ireland. [Back] (viii)
60 Human Rights Act 1998 ss 7, 9(3) and 9(4). [Back]
61 In appeals from Scotland, the Head of the Judicial Office notifies the Solicitor to the Scottish Executive; in appeals from Northern Ireland, he notifies the Crown Solicitor and the Departmental Solicitor. [Back]
62 Human Rights Act 1998 ss 5(2) and 9(5). [Back]
63 Appeal Committee, 38th Report (2002-03): Petitions for leave to appeal: reasons for the refusal of leave (HL Paper 89). [Back]
64 Ibid. [Back]
65 I.e. for appeals under the Criminal Appeal Act 1968 or the Administration of Justice Act 1960, the extension is 28 days; for appeals under the Proceeds of Crime Act 2002, the extension is 14 days. [Back]
66 Extradition Act 2003 ss 32, 114. [Back]
67 See Standing Order XIV. For Nautical Assessors, see also Supreme Court of Judicature Act 1891 s 3. [Back]
68 See Appendix A, Form 15. [Back]
69 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]
70 Offices Committee, 6th Report (1999-2000), HL Paper 97. [Back]
71 Offices Committee, 6th Report (1999-2000), HL Paper 97. [Back]