Rule 36.3 Power to vary requirementsI1
England and Wales
The court or the Registrar may—
shorten a time limit or extend it (even after it has expired) unless that is inconsistent with other legislation;
allow a party to vary any notice that that party has served;
direct that a notice or application be served on any person; and
allow a notice or application to be in a different form, or presented orally.
[Note. The time limit for serving an appeal notice—
under section 18 of the Criminal Appeal Act 1968f1 on an appeal against conviction or sentence, and
under section 18A of that Actf2 on an appeal against a finding of contempt of court
may be extended but not shortened: see rule 39.2.
The time limit for serving an application for permission to refer a sentencing case under section 36 of the Criminal Justice Act 1988f3 may be neither extended nor shortened: see rule 41.2(4).
The time limits in rule 43.2 for applying to the Court of Appeal for permission to appeal or refer a case to the Supreme Court may be extended or shortened only as explained in the note to that rule.]
Annotations
Commencement
Footnotes
- f1
- f2
1968 c. 19; section 18A was inserted by section 170 of, and paragraphs 20 and 25 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33).
- f3
1988 c. 33; section 36 was amended by sections 272, 304, 331 and 336 of, and paragraph 46 of Schedule 32 and paragraph 96 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44), sections 40 and 148 of, and paragraph 48 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4), section 46 of the Criminal Justice and Immigration Act 2008 (c. 4) and section 416 of, and paragraph 89 of Schedule 24 to, the Sentencing Act 2020 (c. 17).