OpenLegislation

Rule 36.6 HearingsI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The general rule is that the Court of Appeal must hear in public—

(a)

an application, including an application for permission to appeal; and

(b)

an appeal or reference,

but it may order any hearing to be in private.

(2)

Where a hearing is about a public interest ruling, that hearing must be in private unless the court otherwise directs.

(3)

Where the appellant wants to appeal against an order restricting public access to a trial, the court—

(a)

may decide without a hearing—

(i)

an application, including an application for permission to appeal, and

(ii)

an appeal; but

(b)

must announce its decision on such an appeal at a hearing in public.

(4)

Where the appellant wants to appeal or to refer a case to the Supreme Court, the court—

(a)

may decide without a hearing an application—

(i)

for permission to appeal or to refer a sentencing case, or

(ii)

to refer a point of law; but

(b)

must announce its decision on such an application at a hearing in public.

(5)

Where a party wants the court to reopen the determination of an appeal—

(a)

the court—

(i)

must decide the application without a hearing, as a general rule, but

(ii)

may decide the application at a hearing; and

(b)

need not announce its decision on such an application at a hearing in public.

(6)

A judge of the Court of Appeal and the Registrar may exercise any of their powers—

(a)

at a hearing in public or in private; or

(b)

without a hearing.

[Note. For the procedure on an appeal against an order restricting public access to a trial, see Part 40.

For the procedure on an application to reopen the determination of an appeal, see rule 36.15.]

Annotations

Commencement

I1

Rule 36.6 in force at 6.10.2025, see Preamble