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Article 35 Amendments to the Criminal Procedure Rules 2005I1

England and Wales Not yet in force

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

In Part 74 (Appeal to the House of Lords)—

(a)

in the table of contents, in the first column, after “appeal”, insert “or to refer a case”;

(b)

in the heading to rule 74(1) (Application for leave to appeal from the Criminal Division of the Court of Appeal to the House of Lords), after “leave to appeal”, insert “or to refer a case”;

(c)

in rule 74.1(1)(a), after “2005”, insert “, or for a reference to the House of Lords under section 36(3) of the Criminal Justice Act 1972f1 or section 36(5) of the Criminal Justice Act 1988f2”; and

(d)

in rule 74.1(1)—

(i)

after “from which an appeal”, insert “or reference”, and

(ii)

after “Registrar”, insert—

    1. (i)

      “within 7 business days of the reasons for the court’s decision, where the appeal to the court concerned a decision under Part 9 of the Criminal Justice Act 2003f3; or

    2. (ii)

      within 14 days of the court’s opinion, where a reference to the court was made under section 36(3) of the Criminal Justice Act 1972.”.

Annotations

Commencement

I1

Rule 35 in force at 1.10.2007, see rule 1

Footnotes

f1

1972 c. 71; section 36(3) is amended by section 40 of, and paragraph 23 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4), with effect from a date to be appointed.

f2

1988 c. 33; section 36(5) is amended by section 40 of, and paragraphs 23 and 48 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4), with effect from a date to be appointed.

f3

2003 c. 44.