Criminal Appeal (Reference of Points of Law) Rules 1973
| Jurisdiction | UK Non-devolved |
| Citation | SI 1973/1114 |
1973 No. 1114 (L. 15)
CRIMINAL PROCEDURE, ENGLAND AND WALES
The Criminal Appeal (Reference of Points of Law) Rules 197322ndJune 1973
3rdJuly 1973
1stOctober 1973
We, the Crown Court rule committee, in exercise of the powers conferred upon us by section 99 of the Supreme Court of Judicature (Consolidation) Act 1925(a) and section 46 of the Criminal Appeal Act 1968(b) as amended by section 56(1) of and paragraph 57(2) of Schedule 8 to the Courts Act 1971(c), hereby make the following Rules:—
1. These Rules may be cited as the Criminal Appeal (Reference of Points of Law) Rules 1973 and shall come into operation on 1st October 1973.
2.—(1) In these Rules—
"court" means the Criminal Division of the Court of Appeal;
"reference" means a reference of a point of law to the court in pursuance of section 36 of the Criminal Justice Act 1972(d);
"the registrar" means the registrar of criminal appeals;
"respondent", in relation to any reference, means the acquitted person in whose case the point of law referred arose.
(2) The Interpretation Act 1889(e) shall apply for the interpretation of these Rules as it applies for the interpretation of an Act of Parliament.
3.—(1) Every reference shall be in writing and shall—
(a) specify the point of law referred and, where appropriate, such facts of the case as are necessary for the proper consideration of the point of law;
(b) summarise the arguments intended to be put to the court; and
(c) specify the authorities intended to be cited:
Provided that no mention shall be made in the reference of the proper name of any person or place which is likely to lead to the identification of the respondent.
(2) A reference shall be entitled "Reference under section 36 of the Criminal Justice Act 1972" together with the year and number of the reference.
(a) 1925 c. 49.
(b) 1968 c. 19.
(c) 1971 c. 23.
(d) 1972 c. 71.
(e) 1889 c. 63.
4.—(1) The registrar shall cause to be served on the respondent notice of the reference which shall also—
(a) inform the respondent that the reference will not affect the trial in relation to which it is made or any acquittal in that trial;
(b) invite the respondent, within such period as may be specified in the notice (being not less than twenty-eight days from the date of service of the notice), to inform the registrar if he wishes to present any argument to the court and, if so, whether he wishes to present such argument in person or by counsel on his behalf.
(2) The court shall not...
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