Rule 27.6 Application to Crown Court for summons or warrantI1
England and Wales
This rule applies where―
the prosecutor has served on the Registrar an application under rule 27.4 (Application for order for retrial);
the defendant is not in custody as a result of arrest under section 88 of the Criminal Justice Act 2003f1 (Bail and custody before application); and
the prosecutor wants the Crown Court to issue—
a summons requiring the defendant to appear before the Court of Appeal at the hearing of the prosecutor’s application, or
a warrant for the defendant’s arrest
under section 89 of the 2003 Actf2 (Bail and custody before hearing).
The prosecutor must—
apply in writing; and
serve the application on the Crown Court officer.
The application must—
explain what the case is about, including a brief description of the defendant’s acquittal, the new evidence and the stage that the application to the Court of Appeal has reached;
specify—
the decision that the prosecutor wants the Crown Court to make,
each offence charged, and
any relevant previous bail decision and the reasons given for it; and
propose the terms of any suggested condition of bail.
[Note. Under section 87 of the Criminal Justice Act 2003f3, in the circumstances prescribed by that section a justice of the peace may issue a warrant for the arrest of the defendant who was acquitted and that defendant may be charged with an offence that is to be the subject of an application to the Court of Appeal under rule 27.4.
Under section 88 of the 2003 Act, in the circumstances prescribed by that section a defendant who has been arrested and charged must be brought before the Crown Court and that court must either grant bail for that defendant to attend the Court of Appeal on the hearing of an application under rule 27.4, or remand the defendant in custody.
Under section 89 of the 2003 Act, where the prosecutor has made an application to the Court of Appeal under rule 27.4—
if the defendant is in custody, the Crown Court must decide whether to remand him or her in custody to be brought before the Court of Appeal or to grant bail for that purpose; or
if the defendant is not in custody, and if the prosecutor so applies, the Crown Court may either issue a summons for the defendant to attend the Court of Appeal or issue a warrant for the defendant’s arrest.]
Annotations
Commencement
Footnotes
- f1
2003 c. 44; section 88 was amended by section 148 of, and paragraphs 59 and 63 of Schedule 26 to, the Criminal Justice and Immigration Act 2008 (c. 4).
- f2
- f3