{
  "url": "https://openlegislation.uk/criminal-procedure-and-investigations-act-1996-preparatory-hearings-interlocutory-appealsrules-1997/article-5",
  "json_url": "https://openlegislation.uk/criminal-procedure-and-investigations-act-1996-preparatory-hearings-interlocutory-appealsrules-1997/article-5.json",
  "legislation": "uksi/1997/1053",
  "legislation_title": "The Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) (Interlocutory Appeals)Rules 1997",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-and-investigations-act-1996-preparatory-hearings-interlocutory-appealsrules-1997",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Persons in custody",
  "text": "(1) A person in custody shall be entitled to be present on the hearing of an appeal, or an application for leave to appeal, under section 35(1) of the Act of 1996, to which he is a party.\n(2) Except as provided by paragraph (1) above, a person in custody shall not be entitled to be present on the hearing of an appeal, or an application for leave to appeal, under the said section 35(1), except—\n(a) on an application to the Crown Court for leave to appeal, with the leave of the judge; or\n(b) on an appeal, or an application to the Court of Appeal for leave to appeal, with the leave of that Court.\n(3) An application for leave to be present under paragraph (2) above shall be made—\n(a) where paragraph (2)(a) above applies, orally to the judge;\n(b) where paragraph (2)(b) above applies, by serving notice in Form 5314 on the registrar, or orally to the Court.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "revoked",
      "affecting": "uksi/2005/384",
      "affecting_title": "The Criminal Procedure Rules 2005 (revoked)"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/1053/article/5",
    "retrieved_at": "2026-10-29T12:09:52.759278+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}