Criminal Appeal (Amendment) Rules 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/2036 |
| Year | 2000 |
2000 No. 2036
SUPREME COURT OF ENGLAND AND WALES
The Criminal Appeal (Amendment) Rules 2000
Made 25th July 2000
Laid before Parliament 27th July 2000
Coming into force 2nd October 2000
We, the Crown Court Rule Committee, in exercise of the powers conferred on us by sections 84(1), 84(2) and 86 of the Supreme Court Act 19811and section 5 of the Human Rights Act 19982, hereby makes the following Rules:
Citation and commencement
1. These Rules may be cited as the Criminal Appeal (Amendment) Rules 2000 and shall come into force on 2nd October 2000.
Amendment of Criminal Appeal Rules 1968
2. The Criminal Appeal Rules 19683shall be amended as follows—
(a) in rule 2, after paragraph (2)(a) there shall be inserted—
“(aa)
“(aa) A notice of the grounds of appeal or application set out in Form 3 shall include notice—
(i) of any application to be made to the court for a declaration of incompatibility under section 4 of the Human Rights Act 1998; or
(ii) of any issue for the court to decide which may lead to the court making such a declaration.
(ab)
(ab) Where the grounds of appeal or application include notice in accordance with paragraph (aa) above, a copy of the notice shall be served on the prosecutor by the appellant.”.
(b) after rule 14 there shall be inserted—
14A.—(1) The court shall not consider making a declaration of incompatibility under section 4 of the Human Rights Act 1998 unless it has given written notice to the Crown.
(2) Where notice has been given to the Crown, a Minister, or other person entitled under the Human Rights Act 1998 to be joined as a party, shall be so joined on giving written notice to the court.
(3) A notice given under paragraph (1) above shall be given to—
(a)
(a) the person named in the list published under section 17(1) of the Crown Proceedings Act 19474; or
(b)
(b) in the case of doubt as to whether any and if so which of those departments is appropriate, the Treasury Solicitor.
(4) A notice given under paragraph (1) above, shall provide an outline of the issues in the case and specify—
(a)
(a) the prosecutor and appellant;
(b)
(b) the date, judge and court of the trial in the proceedings from which the appeal lies;
(c)
(c) the provision of primary legislation and the Convention right under question.
(5) Any consideration of whether a declaration of incompatibility should be made, shall be...
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