Practice Directions

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PRACTICE DIRECTION 4.3

CRIMINAL APPEALS IN THE COURT OF APPEAL
HANDING DOWN JUDGMENTS

1. At present, reserved judgments in criminal cases in the Court of Appeal are delivered rather than handed down. A considerable amount of judicial time is used up, and the attendance of solicitors and counsel adds to the legal costs. Accordingly, in future, reserved judgments in criminal cases in the Court of Appeal will be handed down rather than delivered, save for those occasions on which the court decides that they should be delivered.

2. It will not be necessary for counsel or solicitors to attend on the day when the judgment is handed down. Defendants in custody will be brought to court, and defendants not in custody will be required to attend court. They will be provided at court with a copy of the judgment. Interpreters will be available to give the defendant an oral translation of the judgment if the judgment is in a language with which the defendant is unfamiliar. Copies of the judgment will also be available to the defendants solicitors (or to the Legal Aid Department if the defendant is legally aided) and to the Department of Justice.

3. Additional copies of the judgment will also be available to those who ask for them.

4. Notwithstanding paragraph 3 of Practice Direction 2.2, where a judgment is handed down in accordance with this Practice Direction, any application for a certificate to the Court of Appeal that the decision involves a point of law of great and general importance should be made within 7 days of the handing down of the judgment from which the appeal is to be brought.

5. This Practice Direction will take effect on 15 November 1999.