Chapter 6 - Part 6.3 - Divisions 4 to 5 - Interlocutory appeal; Case Stated for Court of Appeal Flashcards
295 Right of appeal ats. interlocutory decision
(1) Section applies to IO offence proceeding in CC or TD of SC
(2) party may appeal an ID if CoA gives leave
(3) party may not seek leave unless judge who make the ID certifies (a) if ID concerns evidence admissibility, that evidence would substantially weaken/eliminate P case if ruled inadmissible
(b) if ID not concerning evidence admissibility, is otherwise of sufficient importance to trial to justify an interlocutory appeal
(c) if ID made after trial commences, either (i) issue was not r’bly identifiable prior to commencement of trial, OR (ii) party not at fault in failing to identify issue subject of proposed appeal
(4) request for certification must be determined ASAP after made
296 Review of refusal to certify
(1) if judge refuses to certify, requesting party can apply to CoA for review of that.
(2) commenced by filing notice (a) within 10 days after refusal (or 313 extension) if trial had not commenced when refusal made
(b) if trial commences within 10 days after refusal to certify, within 2 days after day on which trial commences (or 313)
(c) if trial commenced when judge refused to certify, within 2 days after refusal decision (or 313)
(3) serve notice on resp. per 392/394 per above filing periods
(4) CoA (a) must consider 295(3) matters, and (b) if satisfied per 297, give leave
S297 When leave to appeal may be given
(1) CoA can give leave only if in IOJ, regarding (a) extent of disruption/delay to trial that may arise if leave given (b) whether determination of appeal may (i) make trial unnecessary
(ii) substantially reduce trial time (iii) resolve issue of law, evidence or procedure necessary for proper conduct of trial
(iv) reduce likelihood of successful appeal against conviction in event accused convicted at trial (c) anything else considered relevant
(2) CoA must not give leave after trial has commenced UNLESS reasons clearly outweigh trial disruption. (
(3) refusal does not preclude any other appeal on the issue subject of the proposed appeal
S298 how interlocutory appeal is commenced
298(1) and (2) just like s296(2) and (3), except trigger date is day of interlocutory decision, not refusal.
S299 Adjournment of trial if leave to appeal given
If CoA gives leave ats ID after trial commenced, must adjourn without discharging jury if r’ably practicable, until appeal has been determined.
S300 determination of appeal
(1) appeal against ID to be determined on the extant evidence unless leave given to adduce more.
(2) on 295 appeal, Court may (a) affirm/set aside ID (b) if sets aside ID, (i) make any other decision considers ought to have been made, (ii) remit back to original court for determination
(3) if remits per (2)(b)(ii), (a) may give directions to original court (b) that must be complied with
S301 determination of interlocutory appeal to be entered on record
The Registrar of Criminal Appeals of SC must transmit the decision of the CoA to the court which made the interlocutory decision and that court must enter the decision on the court record
S302 reservation of question of law
1) applies to CC/TDSC proceeding for IO prosecution
(2) if QoL arises before or during trial, court can reserve it for CoA’s determination if satisfied in IOJ, regarding (a) extent of disruption/delay to trial if Q reserved (b) whether determination on the Q may (i) render the trial unnecessary (ii) substantially reduce the time required for the trial (iii) resolve novel question of law necessary for proper conduct of trial (iv) reduce likelihood of successful appeal against conviction in event accused convicted at trial (3) must not give leave after trial commences UNLESS reasons clearly outweigh trial disruption
302A Reservation of question of law on appeal to County Court
If on hearing of appeal under Part 6.1 to CC from MC or to TD of SC from CM/DCH, QoL arises, CC or TDSC can reserve question for determination by CoA if satisfied IOJ require it, regarding (a) extent of disruption/delay to trial if Q reserved (b) whether determination may (i) make hearing unnecess. (ii) reduce hearing time (iii) resolve novel QofL necessary for proper conduct hearing
S303 Adjournment if question of law reserved
(1) If CoA reserves QoL after trial comm’ per s302, must adjourn w.o discharg. jury if r’ably practic until QoL has been determined.
(2) if reserves QoL under 302A, must adjourn hearing if r’ably practicable until QoL determined
S304 Refusal to reserve question of law
(1) if SC or CC refused application under s302, 302A, applicant may apply to CoA for order calling on (a) court and (b) respondent to show cause why QoL should not be reserved for determination by CoA
(2) on application, CoA can order QoL be reserved or refuse application with or without costs
(3) if CoA orders, the court below must reserve the Q for determination by CoA
S305 Case to be stated if question of law reserved
(1) if court reserves per 302, 302A, 304, court must state a case, setting out the Q and the circs in which it’s arisen (2) sign it and transmit it in reasonable time to CoA (3) CoA may return CS for amendment and that court must amend as required
S306 General powers of Court of Appeal on case stated
(1) CoA may hear and finally determine QoL in case stated
(2) for Qs reserved under 302, 302A, 304, Court may remit Q and determination back to Court below (3) applicant not required to attend hearing under (1)
S307 judgment to be entered on record
The Registrar of Criminal Appeals of SC must transmit the judgment/order of the CoA to the court which reserved QoL and that court must enter the J/O on the court record
S308 DPP may refer point of law to Court of Appeal
(1) if person acquitted of all/any charges (a) in IO trial before SC or CC, (b) or on appeal to CC from MC or on appeal to TD of SC from CM/DCH, DPP can refer any point of law to CoA
(2) CoA is to consider PoL and give its opinion on it (3) acquitted person who appears in court in person or by LP entitled to reasonable costs as settled by Costs Court.
