Supreme Court (Chapter VI Amendment No. 5) Rules 2004

Supreme Court (Chapter VI Amendment No. 5) Rules 2004

S.R. No. 33/2004

table of provisions

RulePage

1.Object

2.Authorising provisions

3.Commencement

4.Principal Rules

5.Effect of non-compliance

6.Institution of appeal

7.New Rules 2.03.1 to 2.03.3

2.03.1Single judge

2.03.2Legal practitioners

2.03.3Notices to be signed

8.Form of notice

9.New Rules 2.07 and 2.07.1

2.07.No notice of appeal when leave to appeal granted

2.07.1 Application may be treated as appeal

10.Extension of time before Registrar

11.Election under section 582

2.08.1Election under section 582

12.New Rules 2.09 to 2.09.3

2.09Full statement of grounds

2.09.1Outline of submissions

2.09.2Unrepresented appellant

2.09.3Non-compliance with Rule 2.09 or 2.09.1

13.New Rules 2.10 and 2.10.1 and Rule 2.11 amended

2.10Early hearing

2.10.1Time

14.Reference on petition of mercy

15.New Rules 2.13.1 and 2.13.2

2.13.1Crown appeals

2.13.2Abandonment

16.Pre-hearing conference

17.Transcript of trial

18.Form 6-2A

19.Form 6-2B

20.Form 6-2C

21.Form 6-2D

22.Form 6-2FB

23.Form 6-2GA

24.Form 6-2GB

25.Form 6-2H

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ENDNOTES

S.R. No. 33/2004

Supreme Court (Chapter VI Amendment No. 5) Rules 2004

statutory rules 2004

S.R. No. 33/2004

Supreme Court (Chapter VI Amendment No. 5) Rules 2004

Crimes Act 1958
Supreme Court Act 1986

S.R. No. 33/2004

Supreme Court (Chapter VI Amendment No. 5) Rules 2004

Supreme Court (Chapter VI Amendment No. 5) Rules 2004

S.R. No. 33/2004

Supreme Court (Chapter VI Amendment No. 5) Rules 2004

The Judges of the Supreme Court make the following Rules:

1.Object

The object of these Rules is to amend the Supreme Court (Criminal Procedure) Rules 1998 to make further provision with respect to criminal appeals to the Court of Appeal.

2.Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, section 583 of the Crimes Act 1958 and all other enabling powers.

3.Commencement

These Rules come into operation on 1 July 2004.

4.Principal Rules

In these Rules, the Supreme Court (Criminal Procedure) Rules 1998[1] are called the Principal Rules.

5.Effect of non-compliance

In Rule 2.02 of the Principal Rules—

(a)for "A failure" substitute "Save as provided by this Order, a failure";

(b)for "interest" substitute "interests".

6.Institution of appeal

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In Rule 2.03 of the Principal Rules, after "Court" insert "of Appeal".

7.New Rules 2.03.1 to 2.03.3

After Rule 2.03 of the Principal Rules insert—

"2.03.1Single judge

A Judge of Appeal may exercise any power of the Court of Appeal under Rules 2.02, 2.03, 2.03.2(4), 2.09(4), 2.09.3(3), 2.10.1, 2.12(1A) and 2.13.1(5).

2.03.2Legal practitioners

(1)A legal practitioner who, on behalf of an appellant, files a notice of appeal or a notice of application for leave to appeal under this Order shall state in the notice—

(a) that the legal practitioner is acting for the appellant; and

(b)the relevant name and address for service.

(2)The practitioner shall thereafter be noted in the records of the court as acting for the appellant.

(3)Subject to paragraph (4), if a legal practitioner ceases to act for an appellant, the practitioner shall forthwith—

(a)file notice of ceasing to act for the appellant; and

(b)serve a copy of the notice on the respondent.

(4)Unless another legal practitioner has filed a notice that that practitioner is now acting for the appellant, a practitioner may not file notice of ceasing to act without first obtaining the leave of the Registrar or, if leave is refused by the Registrar, the Court of Appeal.

2.03.3Notices to be signed

(1)Subject to paragraphs (2) and (3), a notice given under this Order shall be signed by the appellant or by a legal practitioner on behalf of the appellant.

(2)A notice of abandonment shall be signed by the appellant personally.

(3)An appellant's signature referred to in paragraph (2) shall be witnessed by another person whose name and address shall be stated clearly and legibly on the notice of abandonment.".

8.Form of notice

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In Rule 2.05 of the Principal Rules, for paragraphs(b) and (c) substitute—

"(b)state briefly the grounds of the appeal or on which it is sought to appeal.".

9.New Rules 2.07 and 2.07.1

For Rules 2.07 and 2.07.1 of the Principal Rules substitute—

"2.07.No notice of appeal when leave to appeal granted

If leave to appeal is granted, the notice of application for leave to appeal shall be a sufficient notice of appeal.

2.07.1 Application may be treated as appeal

The Court of Appeal may treat the hearing of an application for leave to appeal as the hearing of the appeal.".

10.Extension of time before Registrar

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(1)Insert the following heading to Rule 2.08 of the Principal Rules—

"Extension of time before Registrar".

(2)In Rule 2.08(4) of the Principal Rules—

(a)for "in writing" substitute "by notice";

(b)for "the election" substitute "it".

(3)After Rule 2.08(4) of the Principal Rules insert—

"(5)If notice of election is returned to the Registrar in accordance with paragraph (4), the Registrar shall notify the applicant that the notice has been received and, when appropriate, the day fixed for the hearing by the Court of Appeal.".

11.Election under section 582

After Rule 2.08 of the Principal Rules insert—

"2.08.1Election under section 582

(1)If an application made to a Judge of Appeal under section 582 of the Act is refused by the Judge, the Registrar shall notify the applicant of the decision in Form 6-2GA and the applicant may then elect to have the application determined by the Court of Appeal constituted by three judges.

(2) An election under paragraph (1) shall be by notice in Form 6-2GB (with any necessary modification) which the Registrar shall forward to the applicant who must return it to the Registrar within 10 days after receiving it.

(3)If notice of election is returned to the Registrar in accordance with paragraph (2), the Registrar shall notify the applicant in writing that the notice has been received and, when appropriate, the day fixed for the hearing by three judges.

(4)If notice of election is not returned to the Registrar in accordance with paragraph (2), the Registrar shall confirm to the applicant in writing that, by order of the Judge of Appeal, the application made under section 582 of the Act was refused and that no notice of election has been received.".

12.New Rules 2.09 to 2.09.3

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For Rule 2.09 of the Principal Rules substitute—

"2.09Full statement of grounds

(1)This Rule, and Rules 2.09.1, 2.09.2, 2.09.3 and 2.10, apply only in relation to a notice of appeal or notice of application for leave to appeal that is filed on or after 1 July 2004.

(2)Subject to Rule 2.10, within two months after filing notice of appeal or notice of application for leave to appeal, the appellant shall file and serve a full statement of the grounds on which the appellant relies or intends to rely if leave to appeal is given.

(3)In the full statement of grounds, the appellant may add to, alter, modify, extend or vary the grounds set out in the notice of appeal or the notice of application for leave to appeal.

(4)The full statement of grounds shall set out the grounds relied upon or to be relied upon in precise terms and, once filed, may be amended only with leave of the Court of Appeal.

2.09.1Outline of submissions

(1)This Rule is subject to Rule 2.10.

(2)Within one month after filing the full statement of grounds, the appellant shall file and serve an outline of the appellant's submissions to be made upon the hearing.

(3)Within one month after the service of the outline of the appellant's submissions, the respondent shall file and serve—

(a)an outline of the respondent's submissions to be made upon the hearing; and

(b)unless the application is for leave to appeal against sentence only and is to be heard by a Judge of Appeal under section 582 of the Act—

(i)a summary of the proceedings thus far; and

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(ii)a summary of the evidence.

(4)If leave to appeal against sentence is given by a Judge of Appeal under section 582 of the Act or if, after leave to appeal has been refused by a Judge of Appeal, election is made by the appellant under Rule 2.08.1—

(a)within one month after leave is given or election made, as the case may be, the appellant shall file and serve an outline of the appellant's submissions to be made upon the hearing; and

(b)within one month after the service of the appellant's submissions, the respondent shall file and serve—

(i)an outline of the respondent's submissions to be made upon the hearing;

(ii)a summary of the proceedings thus far; and

(iii)a summary of the evidence.

(5)If the appellant intends to make any submission in reply to an outline of submissions served by the respondent under paragraph (3)(a) or (4)(b)(i), the appellant shall within 14 days after such service file and serve an outline of those submissions in reply.

2.09.2Unrepresented appellant

If an appellant is unrepresented—

(a)a document may be served by the appellant by delivering to the Registrar at the time of filing an extra copy of the document marked for service upon the respondent;

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(b)the Registrar may vary, modify or dispense with any of the requirements of Rule 2.09 or 2.09.1 in order to enable the fair and efficient hearing and determination of the proceeding.

2.09.3Non-compliance with Rule 2.09 or 2.09.1

(1)Subject to Rule 2.09.2 and to this Rule, if an appellant—

(a)fails to file a statement of grounds within the time fixed by or under Rule 2.09(2); or

(b)fails to file an outline of submissions within the time fixed by or under Rule 2.09.1(2) or (4)(a)—

the appeal or the application for leave to appeal (as the case may be) shall thereupon stand dismissed.

(2)When an appeal stands dismissed under paragraph (1) the Registrar shall notify the appellant accordingly.

(3)If an appeal stands dismissed under paragraph (1), the Court of Appeal may order that the appeal be reinstated on such terms as it sees fit.

(4)An application for reinstatement under paragraph (3) shall be made on notice supported by an affidavit.

(5)If an application for reinstatement is refused by a single Judge of Appeal, the Registrar shall notify the appellant of the decision in Form 6-2GA (with any necessary modification) and the appellant may then elect to have the application determined by three judges.

(6)Rule 2.08.1 shall apply to an election under paragraph (5) as if the election were under section 582 of the Act.".

13.New Rules 2.10 and 2.10.1 and Rule 2.11 amended

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(1)For Rule 2.10 of the Principal Rules substitute—

"2.10Early hearing

(1)If the day fixed for the hearing of the appeal or application for leave to appeal is before the expiry of the time fixed by Rule 2.09.1(2) for the filing of the outline of the appellant's submissions, that outline shall be filed and served not less than seven days before the day fixed for the hearing and Rule 2.09.3 does not apply.

(2)If the day fixed for the hearing of the appeal or application for leave to appeal is before the time fixed by paragraph (3) of Rule 2.09.1 for the filing by the respondent of any document referred to in that paragraph—

(a)such document shall be filed and served by the respondent not less than four days before the day fixed for the hearing;

(b)any outline of submissions in reply shall be filed and served not less than one day before the day fixed for the hearing; and

(c)Rule 2.09.3 does not apply.

2.10.1Time

(1)If the last day for doing any act under this Order is a day on which the office of the court is closed, the act may be done on the next day the office is open.

(2)The Court of Appeal or the Registrar may abridge or extend time under this Part before the time expires.

(3)The Court of Appeal may abridge or extend time under this Part after the time has expired.

(4)When extending time the Court of Appeal or the Registrar may impose conditions or give directions.".

(2)After Rule 2.11(3) of the Principal Rules insert—

"(4)This Rule applies only to a notice filed before 1 July 2004.".

14.Reference on petition of mercy

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(1) After Rule 2.12(1) of the Principal Rules insert—

"(1A)Unless otherwise directed by the Court of Appeal, the petition shall stand in place of a notice of appeal and Rules 2.09 and 2.09.1 shall apply only to the extent, and in the manner, directed by the Court of Appeal".

(2)In Rule 2.12(2) of the Principal Rules, after "section 584(b)" insert "of the Act".

15.New Rules 2.13.1 and 2.13.2

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For Rule 2.13.1 of the Principal Rules substitute—

"2.13.1Crown appeals

(1)A notice of appeal by the Director of Public Prosecutions shall set out in full and precise terms the grounds of appeal on which the Director intends to rely upon the hearing of the appeal.

(2)As soon as practicable after serving notice of appeal, the Director of Public Prosecutions shall file an affidavit of service.

(3)Within one month after serving notice of appeal, the Director of Public Prosecutions shall file and serve—

(a)a summary of the proceedings thus far;

(b)a summary of the evidence;

(c)a summary of the issues raised by the appeal; and

(d)an outline of the Director's submissions to be made upon the appeal.

(4)Within one month after service of the documents referred to in paragraph (3), the respondent shall file and serve an outline of the respondent's submissions, if any, to be made upon the appeal.

(5)The notice of appeal may be amended only with leave of the Court of Appeal.

2.13.2Abandonment

(1)Subject to paragraph (3), an appeal (including an application for leave to appeal or a Crown appeal) or an application for extension of time may be abandoned at any time before the hearing of an appeal is commenced by filing with the Registrar a notice of abandonment in Form 6-2H.

(2)An appeal or application shall be taken to be dismissed on the date the notice of abandonment is filed.

(3)Except where the application is to be heard by a single Judge of Appeal under section582 of the Act, an application for leave to appeal against sentence may not, without the leave of the Court, be abandoned less than three days before the day fixed for the hearing of the application.".

16.Pre-hearing conference

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In Rule 2.16 of the Principal Rules—

(a)in paragraph (1), for "After a notice of appeal or application for leave to appeal has been filed" substitute "After a full statement of the grounds of appeal has been filed under Rule 2.09";

(b)paragraphs (2) and (3) are revoked.

17.Transcript of trial

(1)In Rule 2.17(1) of the Principal Rules, for "After settling the grounds of appeal" substitute "At any time after the filing of a notice of appeal".

(2) After Rule 2.17(3) of the Principal Rules insert—

"(4)If a transcript is not revised by a trial judge within 14 days after the transcript is submitted to the judge for revision, the Registrar may direct that the transcript be provided despite the transcript not being revised.".

18.Form 6-2A

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In Form 6-2A of the Principal Rules—

(a)for "[state specifically and concisely and not merely in general terms the grounds of the appeal.]" substitute "[state briefly the grounds of the appeal.]";

(b)for "[Signed by Appellant]" substitute "[Signed by Appellant or legal practitioner on behalf of Appellant]";

(c)for—

"[Signed by Witness]

[Address of Witness]"

substitute—

"*[If signed by legal practitioner] The name and address for service are as follows: [insert]";

(d)for note 2 substitute—

"2.Your attention is drawn to the procedure that follows the filing of your Notice of Appeal. Unless otherwise directed by the Registrar or the Court—

(a)within 2 months after filing the Notice of Appeal, you must file with the Registrar and serve on the respondent a full statement of the grounds upon which you rely on appeal. This need not follow the grounds stated in your Notice of Appeal, but in the new document the grounds must be stated fully, precisely and in detail; and

(b)within one month after filing the full statement of grounds, you must file with the Registrar and serve on the respondent an outline of the submissions to be relied upon on the hearing of your appeal.

Failure to comply with either of these requirements may result in your appeal standing dismissed. Any extension of time (if needed) should be sought from the Registrar before time expires. After time expires, an extension can be granted only by the Court itself.

2A.If you wish the Court, on the hearing of your appeal, to consider your case in writing without the presentation of oral argument, you should inform the Registrar accordingly.".

19.Form 6-2B

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In Form 6-2B of the Principal Rules—

(a)for "[Signed by Appellant]" substitute "[Signed by Appellant or legal practitioner on behalf of Appellant]";

(b)for—

"[Signed by Witness]

[Address of Witness]"

substitute—

"*[If signed by legal practitioner] The name and address for service are as follows: [insert]";

(c)after item 9 of the Particulars insert—

"9A.The certificate of the Trial Judge is attached to this notice.";

(d)for notes 2 and 3 substitute—

"2.Your attention is drawn to the procedure that follows the filing of your Notice of Appeal. Unless otherwise directed by the Registrar or the Court—

3.If you wish the Court, on the hearing of your appeal, to consider your case in writing without the presentation of oral argument, you should inform the Registrar accordingly.".

20.Form 6-2C

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In Form 6-2C of the Principal Rules—

(a)for "[State specifically and concisely and not merely in general terms the grounds upon which you wish to appeal against the conviction.]" substitute "[state briefly the grounds upon which you wish to appeal against the conviction.]";

(b)for "[Signed by Applicant]" substitute "[Signed by Applicant or legal practitioner on behalf of Applicant]";

(c)for—

"[Signed by Witness]

[Address of Witness]"

substitute—

"*[If signed by legal practitioner] The name and address for service are as follows: [insert]";

(d)for note 2 substitute—

"2.Your attention is drawn to the procedure that follows the filing of your Notice of Application. Unless otherwise directed by the Registrar or the Court—

(a)within 2 months after filing the Notice of Application, you must file with the Registrar and serve on the respondent a full statement of the grounds upon which you intend to rely on appeal, if leave to appeal is given. This need not follow the grounds stated in your Notice of Application, but in the new document the grounds must be stated fully, precisely and in detail; and

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