Supreme Court Practice Directions 2021

Part 22: Other Matters Specific to Criminal Proceedings

165. Judge Case Conference Checklist for criminal trials in the General Division

(1) For every criminal case in the General Division that is scheduled for a Judge Case Conference before trial, unless the Defence has indicated that the accused wishes to plead guilty or the Court otherwise directs, the Prosecution and the Defence must each file, at least 7 days before the date of the Judge Case Conference, a Checklist (called the “Judge Case Conference Checklist”) in Form B44 of Appendix B of these Practice Directions.

(2) Where the accused is not legally represented, the Registry will arrange, at least 4 weeks before the date of the Judge Case Conference, for a copy of the Judge Case Conference Checklist to be sent to, or collected by, the accused.

166. Affidavit in support of an application for permission under section 394H of the Criminal Procedure Code

(1) Under section 394H(3) of the Criminal Procedure Code read with Rules 11(2) and (3) of the Criminal Procedure Rules 2018, the applicant in an application for permission (as defined in section 394F(1) of the Criminal Procedure Code) must file an affidavit in support of the application at the same time as the filing of the application. This affidavit is to be made by the applicant’s advocate (if the applicant is represented by an advocate when the affidavit is filed) or by the applicant (if the applicant is not represented by an advocate when the affidavit is filed).

(2) Every affidavit mentioned in sub-paragraph (1) must attach as an exhibit an information sheet in Form B45 of Appendix B of these Practice Directions. The information sheet must be completed and signed by the person who makes the affidavit.

167. Written submissions for criminal appeals and other criminal matters before the Court of Appeal and the General Division

(1) This paragraph applies to:

(2) The provisions of this paragraph are subject to the provisions of the Criminal Procedure Code (Electronic Filing and Service for Supreme Court) Regulations 2012 and these Practice Directions, requiring the electronic filing of documents in criminal proceedings.

(3) Parties in magistrate’s appeals, criminal revisions and criminal motions before the General Division should ensure that 2 hard copies each of any written submissions and bundles of authorities (if any) are tendered to the Registry, unless parties are informed that more than 2 hard copies are to be tendered.

(4) Parties in criminal appeals, criminal motions and criminal references before the Court of Appeal should ensure that 4 hard copies of any written submissions and bundles of authorities (if any) are tendered to the Registry, unless parties are informed that more than 4 hard copies are to be tendered.

(5) To avoid doubt:

(6) The written submissions must comply with the following requirements:

(7) Subject to any written law prescribing timelines for the filing of written submissions in criminal matters to which this paragraph applies, and any Court directions:

(8) Written submissions which do not comply with the requirements at sub-paragraphs (6) and (7) may be rejected.

(9) For matters before the Court of Appeal, a soft copy of the bundle of authorities must be tendered in Portable Document Format (PDF) in a CD-ROM at the same time as when the written submissions under sub-paragraph (7)(a) are filed.

168. Further written submissions for criminal matters before the Court of Appeal

Where the Court of Appeal orders further written submissions to be filed for any criminal matter, such written submissions must not exceed 10 pages unless otherwise directed by the Court of Appeal. Any written submissions filed in breach of this requirement may be rejected. The written submissions must further comply with all formatting requirements prescribed in paragraph 167(6) of these Practice Directions.

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