Section 34 Application for leave to appeal

An application for leave to appeal to the High Court against a decision at a preliminary diet under section 76A(1)^f1 (appeal against decision at preliminary diet) shall be made by way of motion to the judge at that diet immediately following the making of the decision in question, and shall be either granted or refused there and then.

If leave to appeal is granted, the judge shall consider whether or not to postpone the diet of trial and if he decides that it is necessary or desirable to do so, he may discharge the trial diet and fix a new diet under section 77A (postponement of the trial diet).

Rule 38 shall apply to an order postponing a trial diet under this rule as it applies to an order postponing the trial diet under that rule.

Any order made under this rule shall be recorded in the record of proceedings.