Rule 36.6 HearingsI1
England and Wales As made
The general rule is that the Court of Appeal must hear in public—
an application, including an application for permission to appeal; and
an appeal or reference,
but it may order any hearing to be in private.
Where a hearing is about a public interest ruling, that hearing must be in private unless the court otherwise directs.
Where the appellant wants to appeal against an order restricting public access to a trial, the court—
may decide without a hearing—
an application, including an application for permission to appeal, and
an appeal; but
must announce its decision on such an appeal at a hearing in public.
Where the appellant wants to appeal or to refer a case to the Supreme Court, the court—
may decide without a hearing an application—
for permission to appeal or to refer a sentencing case, or
to refer a point of law; but
must announce its decision on such an application at a hearing in public.
Where a party wants the court to reopen the determination of an appeal—
the court—
must decide the application without a hearing, as a general rule, but
may decide the application at a hearing; and
need not announce its decision on such an application at a hearing in public.
A judge of the Court of Appeal and the Registrar may exercise any of their powers—
at a hearing in public or in private; or
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.]