Legislation – The Criminal Procedure (Amendment No. 2) Rules 2024
Changes to legislation:
There are currently no known outstanding effects for The Criminal Procedure (Amendment No. 2) Rules 2024, Section 15.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
15.
In Part 50 (Extradition), in Section 3: Appeal to the High Court—
(a)
in rule 50.19 (Service of appeal notice), in the first paragraph of the note to the rule—
(i)
at the end of sub-paragraph (a) omit “and”,
(ii)
at the end of sub-paragraph (b) insert “and”
, and
(iii)
“(c)
where the time for appeal otherwise would expire at a weekend or on a public holiday it is treated as expiring at the end of the next business day.”; and
(b)
“(2)
In every case, the appeal notice must—
(a)
specify—
(i)
the date of the defendant’s arrest under Part 1 or Part 2 of the Extradition Act 2003, and
(ii)
the decision about which the appellant wants to appeal, including the date of that decision;
(b)
identify each ground of appeal on which the appellant relies;
(c)
summarise the relevant facts;
(d)
include or attach a copy of—
(i)
the warrant or the request for the defendant’s extradition,
(ii)
any material served by the authority or territory requesting the defendant’s extradition in support of the warrant or the request,
(iii)
the reasons for the decision about which the appellant wants to appeal, or a note of those reasons agreed between the parties and approved by the magistrates’ court, and
(iv)
any other document or material on which the appellant relies; and
(e)
include or attach a list of those on whom the appellant has served the appeal notice.
(3)
If an appeal notice omits information, a document or material required by paragraph (2), then unless the High Court otherwise directs—
(a)
the High Court officer must serve on the appellant a notice—
(i)
identifying the omission or omissions, and
(ii)
requiring the supply of the missing information, document or material within a period specified in the notice;
(b)
the appellant must comply with that requirement; and
(c)
if within the period specified in the notice the missing information, document or material has not been supplied, the High Court may exercise its power—
(i)
to reject the appeal notice, and
(ii)
to dismiss the application for permission to appeal in consequence of that rejection.”.