Practice Directions Applicable to Criminal Appeals Contents


12. STATEMENT OF FACTS AND ISSUES

12.1  The appellants must lodge a Statement of the facts and issues (with an Appendix (see direction 13)) within six weeks of the presentation of the appeal, or longer period approved by the House (direction 14.3). The Statement should be a succinct account of the main facts of the case, including an account of judicial proceedings up to that point and an account of the issues raised by the appeal. The appellants are responsible for drawing up the Statement in draft and they must submit it to the respondents for discussion and agreement. The Statement must be a single document agreed between the parties. In the event of disagreement, disputed material should be removed from the draft Statement and included instead in each party's case (direction 16). The Statement must be signed on behalf of each party by at least one counsel who appeared in the court below or who will appear at the hearing before the House.

12.2  In any appeal under the Criminal Appeal Act 1968, the Statement must state clearly whether any grounds of appeal have been left undetermined by the Court of Appeal[41] (see also direction 16.6).

Form of Statement of facts and issues

12.3  The Statement of facts and issues should be produced on A4 paper, securely bound on the left, and incorporate:

(a)  pages printed on both sides of the paper;

(b)  capital letters down the inside margins;

(c)  references on the outside margins to relevant pages of the Appendix;

(d)  on the front cover, the reference of every law report of the case in the courts below, together with the catchword summary of one of the reports;

(e)  on the front cover, a headnote summary, whether or not the case has been reported;

(f)  on the front cover, a statement of the time occupied in the courts below;

(g)  on the front cover, addresses of parties at foot of page; and

(h)  at the end, the signatures of counsel for both parties above their printed names.


41   See penultimate paragraph of Lord Chancellor's speech in R v Mandair [1994] 2 All E.R. 715. Back


 
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