Article 10 Amendments to the Criminal Procedure Rules 2015

in paragraph (5) for “serve on the Registrar” substitute “serve on or make available to the Registrar”,

omit paragraph (5)(a), and

renumber paragraph (5)(b) to (e) as (5)(a) to (d) respectively; and

in paragraph (3)(a) for “in writing” substitute “for permission to do so”,

renumber paragraphs (4) and (5) as paragraphs (6) and (7) respectively, and

after paragraph (3) insert—

“(4)

Paragraph (5) applies where one of the following Parts applies—

(a)

Part 37 (Appeal to the Court of Appeal against ruling at preparatory hearing);

(b)

Part 38 (Appeal to the Court of Appeal against ruling adverse to prosecution);

(c)

Part 39 (Appeal to the Court of Appeal about conviction or sentence); or

(d)

Part 40 (Appeal to the Court of Appeal about reporting or public access restriction).

(5)

An appellant who wants to rely on a ground of appeal not identified by the appeal notice must—

(a)

apply for permission to do so and identify each such ground;

(b)

in respect of each such ground—

(i)

explain why it was not included in the appeal notice, and

(ii)

where Part 39 applies, comply with rule 39.3(2);

(c)

serve the application on—

(i)

the Registrar, and

(ii)

any respondent;

(d)

serve the application—

(i)

as soon as reasonably practicable, and in any event

(ii)

at the same time as serving any renewed application for permission to appeal which relies on that ground.”