OpenLegislation

Article 12 Hearing of appeals

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This rule applies to appeals under section 43 or 65 of the 2002 Act.

(2)

Every appeal will be limited to a review of the decision of the Crown Court unless the Court of Appeal considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.

(3)

The Court of Appeal will allow an appeal where the decision of the Crown Court was—

(a)

wrong; or

(b)

unjust because of a serious procedural or other irregularity in the proceedings in the Crown Court.

(4)

The Court of Appeal may draw any inference of fact which it considers justified on the evidence.

(5)

At the hearing of the appeal a party may not rely on a matter not contained in his notice of appeal unless the Court of Appeal gives permission.