Article 11 Amendments to the Criminal Procedure Rules

after paragraph (1)(e)(viii) insert—

“(ix)

the suspension of any disqualification imposed, or order made, in the case, where the Court of Appeal can order such a suspension pending appeal;”; and

for the final paragraph of the note to the rule substitute—

“See also rules 39.7 (Introducing evidence) and 39.8 (Application for bail, or to suspend a disqualification or order, pending appeal or retrial).”;

for the heading to the rule substitute “Application for bail, or to suspend a disqualification or order, pending appeal or retrial”,

for paragraph (1) substitute—

“(1)

This rule applies where—

(a)

a party wants to make an application to the court about bail pending appeal or retrial;

(b)

an appellant wants to apply to the court to suspend a disqualification or order pending appeal.”;

in paragraph (3), after “including” insert “, in the case of a bail application,”, and

after the second paragraph of the note to the rule insert—

“Under section 39 of the Road Traffic Offenders Act 1988^f1, a court which has made an order disqualifying a person from driving may suspend the disqualification pending appeal. Under section 40 of the 1988 Act^f2, the appeal court may do so. See also rule 29.2.

Under section 129 of the Licensing Act 2003^f3, a court which has made an order to forfeit or suspend a personal licence issued under that Act may suspend the order pending appeal. Under section 130 of the 2003 Act^f4, the appeal court may do so.”; and