Superior Court Rules

ORDER 87

SUPPLEMENTAL PROVISIONS CONCERNING APPEALS IN CRIMINAL PROCEEDINGS

I. PRELIMINARY AND GENERAL

Interpretation and scope

1. In this Order—

“Court” means the Court of Appeal (and, in the case of an appeal from the Central Criminal Court to the Supreme Court, includes the Supreme Court);

the “court below” means the court (which, for the avoidance of doubt, includes a court-martial or military judge) from which an appeal (or application for leave to appeal) is made to the Court of Appeal;

“exhibits” includes all books, papers and documents and all other property, matters and things whatsoever connected with the proceedings against any per- son who is entitled or may be authorised to appeal if the same were-

(i) forwarded to the court of trial on the person accused being committed for trial, or

(ii) were produced and used in evidence during the trial of, or other proceedings in relation to the person entitled or authorised to appeal;

“Judge of the court of trial”, in any appeal in criminal proceedings, means the Judge of any Court from the conviction before or the sentence of which, a person appeals;

“proper officer of the court of trial”, in any appeal in criminal proceedings, means the registrar of the court or other person for the time being acting as such in any court from the conviction before or the sentence of which a person appeals;

the “Registrar” means the Registrar of the Court of Appeal (and, in the case of an appeal from the Central Criminal Court to the Supreme Court, includes the Registrar of the Supreme Court);

“relevant appeal” means an appeal in criminal proceedings.

II. PRODUCTION OF RECORDS AND EXHIBITS ON APPEAL

Lodgment of record and trial transcript on appeal

2. (1) In any relevant appeal, the person responsible for the storage or custody of the record of the proceedings in the court of trial made at the request of the Courts Service shall, at the Court’s or the Registrar’s request, make avail- able the record or any part of the record to the Court or the Registrar, in such manner as is required.

(2) In any relevant appeal, the transcript of the proceedings in the court of trial (which shall contain all submissions made by counsel in the course of the trial including opening and closing speeches to the jury and any submissions made in mitigation of sentence) or of such part of the trial as the Registrar requires, certified by the transcript writer as a complete and correct transcript of the trial, or of the part of the trial required, shall be lodged with the Registrar.

(3) Where necessary, the Registrar shall submit the transcript to the judge of the court of trial to be verified by him.

Production of documents and exhibits to Registrar

3. (1) The Registrar may, or shall when so directed by a Judge, apply to the proper officer of the court of trial (or to such other court officer or person who has custody of same) for the production to him for the use of the Court on the hearing of the appeal of any original document or thing to which an appeal relates which are in the custody of that officer.

(2) The Registrar may, or shall when so directed by a Judge, authorise inspection by or on behalf of a party to an appeal of any original document or thing produced to him in accordance with sub-rule (1).

III. SUSPENSION OF CERTAIN ORDERS OF COURT OF TRIAL PENDING APPEAL

Appeal where fine is imposed

4. Subject to any provision of statute, the operation of any order of the court of trial providing for the payment of a fine (including any such order imposing consequences in default of payment of a fine within a period prescribed) shall, subject to compliance by the person convicted with any terms or conditions imposed by the court of trial in the event of an appeal (including entry into any recognisances fixed by the Judge of the court of trial), be suspended for such period from the date of the order of the court of trial within which the person convicted may lodge notice of appeal.

Appeal where order made affecting property

5. (1) Subject to any provision of statute, an order of the court of trial:

(i) providing for the forfeiture, destruction or other disposal of any property; or

(ii) providing for the making of restitution or the payment of compensation or for the making of any other form of payment to a person, or

(iii) providing for the return of any property to any person,

may include such directions, terms and conditions to suspend the operation of the order, or otherwise to preserve any property (or any sample, portion or representation of such property) which is the subject of the order, in the event of an appeal, as the court of trial thinks right.

(2) The proper officer of the court of trial shall keep a record of any such orders.

(3) In the absence of any directions, terms and conditions imposed by the court of trial in the case of an order mentioned in sub-rule (1), the operation of the order shall be suspended for such period from the date of the order of the court of trial within which the person convicted may lodge notice of appeal to the Court, and it shall be the duty of the person in possession of any property affected to preserve that property.

(4) In the event of an appeal to the Court, the Court may by order made on an application by any party on notice to the other party to the appeal and of which notice has been given to any other person affected, annul any order referred to in sub-rule (1), or may vary such order, and such order, if annulled, will not take effect, and, if varied, will take effect as so varied.

Certificate of conviction

6. (1) The proper officer of the court of trial shall not issue, under any statute authorising him so to do, a certificate of conviction of any person convicted on indictment in the court of trial for the period from the date of the order of the court of trial within which the person convicted may lodge notice of appeal to the Court or, when notice of appeal has been duly given, until the determination of the appeal.

(2) Where an application is made to the proper officer of the court of trial to issue a certificate of conviction after the expiration of the period from the date of the order of the court of trial within which the person convicted may lodge notice of appeal to the Court, he shall, before issuing the certificate, be satisfied that there is no appeal then pending in the Court against the conviction.

(3) A person wishing to obtain a certificate of conviction may obtain from the Registrar a certificate in the Form No 58, Appendix U that no appeal against conviction is then pending. After the expiration of two months from the date of the conviction a certificate of conviction may be issued by the proper officer of the court of trial, except in cases in which he has had notice of an appeal which is still undetermined.

(4) For the purposes of this rule, “conviction” means the verdict or plea of guilty and any final judgment passed on a verdict or plea of guilty.

[SI 485/14]

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