# Act of Adjournal (Criminal Procedure Rules) 1996, Rule 15.15A: Requirement for case and argument


(1) Subject to paragraphs (2) and (3), this rule applies to an appeal under section 106(1)(a) or (f) of the Act of 1995.
(2) The court may, of its own motion or on the application of the appellant, order that this rule is not to apply in a particular appeal or to a particular aspect of an appeal.
(3) Where in relation to any ground of appeal an appellant seeks to lead evidence this rule shall apply to that ground of appeal only in relation to the question of whether that evidence should be led; but the court may nevertheless make an order containing provision similar to this rule in relation to the presentation of submissions following the hearing of that evidence.
(4) The appellant must, within 42 days of the granting of leave to appeal in accordance with section 107 of the Act of 1995, lodge a case and argument.
(5) A case and argument must—
(a) set out, for each ground of appeal, a succinct and articulate statement of the facts founded upon and the propositions of law being advanced;
(b) contain an estimate of how long will be required for the hearing of the appeal; and
(c) be signed by counsel or the solicitor advocate instructed to represent the party concerned in the conduct of the appeal, or by the appellant where the appellant intends to conduct the appeal himself.
(6) A case and argument must, when lodged, be accompanied by—
(a) all documents, or a copy thereof, referred to or founded upon in the case and argument and not already lodged in the appeal process; and
(b) all authorities, or a copy thereof, listed in the case and argument and not contained within a publication specified by the Lord Justice General by direction.
(7) The Crown—
(a) must, if the court, considering that the circumstances of the case require it, orders it to do so; and
(b) may, if it considers it appropriate to do so,
lodge a case and argument in response to the appellant’s case and argument.
(8) Where the court makes an order under paragraph (7)(a), the Crown must lodge the case and argument within 21 days of the making of that order.
(9) At the same time as a case and argument is lodged, a copy of it and of all the documents accompanying it must be sent to the other party to the appeal.
(10) Where the Deputy Principal Clerk of Justiciary considers a case and argument to be unduly lengthy he shall refer the matter to a judge of the High Court who shall give such directions as he considers appropriate.
(11) Where a case and argument is not lodged timeously, the Deputy Principal Clerk of Justiciary shall refer the matter to the Lord Justice General, whom failing the Lord Justice Clerk, for such action as he considers appropriate.
(12) The court may, on the application of the relevant party and on cause shown, extend the period for lodging a case and argument.

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Source: https://www.legislation.gov.uk/uksi/1996/513/schedule/2/rule/15.15A (the official version)
Page: https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/rule-15.15A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.