The Criminal Procedure (Amendment No. 2) Rules 2024
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Change 1
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In Part 36 (Appeal to the Court of Appeal: general rules)— (a) in rule 36.6 (Hearings) in paragraph (1)(a) after “permission to appeal” insert “or to accept a reference of a point of law”; (b) for rule 36.12 (Declaration of incompatibility with a Convention right) substitute— Notice of opportunity to intervene 36.12. (1) This rule applies where— (a) a party— (i) wants the court to make a declaration of incompatibility with a Convention right under section 4 of the Human Rights Act 1998, or (ii) raises an issue that the Registrar thinks may lead the court to make such a declaration; or (b) the court considers an argument that the court should depart from assimilated case law under section 6 of the European Union (Withdrawal) Act 2018— (i) on a reference by a magistrates’ court or the Crown Court under rule 41.6 (Reference of point of law by a court), or (ii) in any other case before the court to which neither the Attorney General nor the Counsel General for Wales already is a party. (2) The Registrar must serve notice on— (a) where paragraph (1)(a) applies— (i) the relevant person named in the list published under section 17(1) of the Crown Proceedings Act 1947, or (ii) the Treasury Solicitor, if it is not clear who is the relevant person; or (b) where paragraph (1)(b) applies, those entitled to notice under section 6C(2) of the 2018 Act. (3) That notice must include or attach details of— (a) the legislation affected and the Convention right concerned where paragraph (1)(a) applies, (b) the assimilated case law affected where paragraph (1)(b) applies; (c) the parties to the case; and (d) any other information or document that the Registrar thinks relevant. (4) A person who has a right under section 5 of the 1998 Act or under section 6C of the 2018 Act to become a party to the case must— (a) serve notice on— (i) the Registrar, and (ii) the other parties, if that person wants to exercise that right; and (b) in that notice— (i) indicate the conclusion that that person invites the court to reach on the matter raised, and (ii) identify each ground for that invitation, concisely outlining the arguments in support. (5) The court must not reach a conclusion on the matter raised— (a) less than— (i) 15 business days after the Registrar serves notice under paragraph (2)(a), or (ii) 20 business days after the Registrar serves notice under paragraph (2)(b); and (b) without giving a person who serves a notice under paragraph (4) an opportunity to make representations at a hearing. ; and (c) amend the table of contents correspondingly.
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In Part 36 (Appeal to the Court of Appeal: general rules)— (a) in rule 36.6 (Hearings) in paragraph (1)(a) after “permission to appeal” insert “or to accept a reference of a point of law”; (b) for rule 36.12 (Declaration of incompatibility with a Convention right) substitute— Notice of opportunity to intervene 36.12. (1) This rule applies where— (a) a party— (i) wants the court to make a declaration of incompatibility with a Convention right under section 4 of the Human Rights Act 1998, or (ii) raises an issue that the Registrar thinks may lead the court to make such a declaration; or (b) the court considers an argument that the court should depart from assimilated case law under section 6 of the European Union (Withdrawal) Act 2018— (i) on a reference by a magistrates’ court or the Crown Court under rule 41.6 (Reference of point of law by a court), or (ii) in any other case before the court to which neither the Attorney General nor the Counsel General for Wales already is a party. (2) The Registrar must serve notice on— (a) where paragraph (1)(a) applies— (i) the relevant person named in the list published under section 17(1) of the Crown Proceedings Act 1947, or (ii) the Treasury Solicitor, if it is not clear who is the relevant person; or (b) where paragraph (1)(b) applies, those entitled to notice under section 6C(2) of the 2018 Act. (3) That notice must include or attach details of— (a) the legislation affected and the Convention right concerned where paragraph (1)(a) applies, (b) the assimilated case law affected where paragraph (1)(b) applies; (c) the parties to the case; and (d) any other information or document that the Registrar thinks relevant. (4) A person who has a right under section 5 of the 1998 Act or under section 6C of the 2018 Act to become a party to the case must— (a) serve notice on— (i) the Registrar, and (ii) the other parties, if that person wants to exercise that right; and (b) in that notice— (i) indicate the conclusion that that person invites the court to reach on the matter raised, and (ii) identify each ground for that invitation, concisely outlining the arguments in support. (5) The court must not reach a conclusion on the matter raised— (a) less than— (i) 15 business days after the Registrar serves notice under paragraph (2)(a), or (ii) 20 business days after the Registrar serves notice under paragraph (2)(b); and (b) without giving a person who serves a notice under paragraph (4) an opportunity to make representations at a hearing. ; and (c) amend the table of contents correspondingly.
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