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Court: Supreme
Topic: Appeals
Category: Civil

SC14 - Appeals under section 29(2) of the Courts of Justice Act 1924 (as amended by the Criminal Justice Act 2006 and by the Criminal Justice Act 2007)

1. Section 29 of the Courts of Justice Act 1924 ("the Act") applies to appeals to the Supreme Court from determinations by the Court of Criminal Appeal of any appeal or other matter. Section 29 of the Act was substituted by section 22 of the Criminal Justice Act 2006 and further amended by section 59 of the Criminal Justice Act 2007, which came into operation on the 18th day of May 2007

2. Pending the coming into operation of rules of court regulating in detail the procedure in such appeals, the procedure set out in this practice direction is to be used in every such appeal instituted after the date hereof.

3. Where an appeal is made to the Supreme Court in accordance with section 29(2) of the Act, the appellant shall serve a notice of appeal on the prosecutor and shall lodge the original certificate as to the point of law of exceptional public importance concerned in the Office of the Registrar of the Supreme Court when lodging the notice of appeal in accordance with Order 58, rule 11.

4. Where an appeal is made to the Supreme Court in accordance with section 29(3) of the Act, the appellant shall serve a notice of appeal together with a copy of the certificate as to the point of law of exceptional public importance concerned, on the accused person concerned and shall lodge the original of such certificate in the Office of the Registrar of the Supreme Court when lodging the notice of appeal in accordance with Order 58, rule 11.

5. In either such case, the notice of appeal shall specify the order(s) and determination(s) sought, shall set out the grounds of appeal and shall include a statement that the Court of Criminal Appeal, the Attorney General or, as the case may be, the Director of Public Prosecutions has certified that the decision of the Court of Criminal Appeal involves a point of law of exceptional public importance and that it is desirable in the public interest that the appellant should take an appeal to the Supreme Court.

6. Where, in any appeal under section 29(2) or section 29(3) of the Act, the appellant wishes in accordance with section 29(5A) of the Act to seek a determination in relation to any part of the decision of the Court of Criminal Appeal concerned other than the point of law of exceptional public importance which is the subject of a certificate, the notice of appeal shall also specify the other part of the decision concerned, and the determination sought on such part. The appellant shall apply to the Supreme Court, by motion on notice to every other person entitled to be heard, for an order granting leave for argument to be heard and a determination made in relation to such part.

7. Where, in an appeal in accordance with section 29(3) of the Act, the accused person concerned intends to be heard on the appeal, he or his legal representative shall give notice in writing of this intention to the Registrar of the Supreme Court not later th an fourteen days after service on him of the notice of appeal, and give a copy of such notice tothe appellant within the same period.

8. In any appeal under section 29(2) orsection 29(3) of the Act, in the case of a certificate issued after the date of this direction, the notice of appeal shall be served not later than twenty-one days from the issuing of the certificate referred to in section 29(2) or section 29(3) of the Act, as the case may be. In any other case where the certificate has been issued prior to the date of this direction and the notice of appeal has not been served, the notice of appeal shall be served within twenty-one days of the parties being notified of this direction.

9. The Supreme Court, whether on an application made by a party on notice to every other person entitled to be heard, or of its own motion, may make such orders and give such directions as to the conduct of any appeal under section 29(2) or section 29(3) of the Act as seem appropriate.

10. In an appeal under section 29(3) of the Act, an order assigning counsel under section 29(5) of the Act shall, where either of the circumstances referred to in paragraphs (a) or (b) of section 29(5) of the Act, be made on an application mentioned in paragraph 9, or otherwise at any time of the Supreme Court's own motion.

11. Where the Supreme Court considers that it may be desirable to make any such order or give any such direction of its own motion and there is no application for that purpose before the Supreme Court, the Supreme Court may cause the appeal to be listed for mention and the date and time of the listing to be notified to the parties or their legal representatives for the purpose of hearing the parties on the making of any such order or the giving of any such direction.

12. This practice direction shall take effect on the 1st day of October 2007 and shall cease to have effect on the coming into effect of the rules of court referred to above.

John L. Murray
Chief Justice
28th September 2007