a Person Go Back to The Court Of Appeal, if An Initial
Appeal Has Been Dismissed!
answer is Definitely in the affirmative and the CCRC can
more than 28 days have passed since the original appeal,
you will need a very good explanation as to why you are
appealing out of time.
does not matter if it is 29 days, 29 months, 29 years or
process is called Criminal Procedure Rule CPR 36.15
No legal aid available at the application stage, but
possible if the court accept and deem the application
Unless an applicant can afford Counsel, it goes onto the
list as a non-counsel hearing.
The court registrar has no powers to block CPR 36.15 and
it must be referred to the full court.
Though the application is a formal one stating the
reasons and answers to the four questions in CPR 36.15,
best to get a lawyer to make the application.
applications are not advisable, as the court might not
take them seriously!
Note: Once an application is made it must go to the full
court, so make sure you have counsel.
Form NG for Sentence/Conviction/Confiscation
NG Conviction should be completed if appealing against
NG Sentence should be completed if appealing against the
can be downloaded here: https://is.gd/n7lYQJ
evidence will be that the evidence being brought
forward, was not adduced in the original proceedings
(section 23(1)(c) Criminal Appeal Act 1968), if:
it appears capable of belief;
it may afford any ground for allowing the appeal;
it would have been admissible;
it is an issue which is the subject of the appeal;
there is a reasonable explanation for the failure to
court can call persons who were not called at trial but
who may be able to give relevant evidence to the Court
of Appeal, such as jurors or lawyers.
court has the power to compel the production of
documents and the attendance of witnesses. These powers
extend to hearings of applications for leave to appeal
as well as the appeal itself.
a person has only ever appealed against Sentence or
Conviction and wishes to appeal the other, they can do
Criminal Procedure (Amendment) Rules 2018
“Reopening the Determination of an Appeal
36.15.—(1) This rule applies where—
(a)a party wants the court to reopen a decision which
determines an appeal or reference to which this Part
applies (including a decision on an application for
permission to appeal or refer);
(b)the Registrar refers such a decision to the court for
the court to consider reopening it.
(2) Such a party must—
(a)apply in writing for permission to reopen that
decision, as soon as practicable after becoming aware of
the grounds for doing so; and
(b)serve the application on the Registrar.
(3) The application must—
(a)specify the decision which the applicant wants the
court to reopen; and
(i)why it is necessary for the court to reopen that
decision in order to avoid real injustice,
(ii)how the circumstances are exceptional and make it
appropriate to reopen the decision notwithstanding the
rights and interests of other participants and the
importance of finality,
(iii)why there is no alternative effective remedy among
any potentially available, and
(iv)any delay in making the application.
(4) The Registrar—
(a)may invite a party’s representations on—
(i)an application to reopen a decision, or
(ii)a decision that the Registrar has referred, or
intends to refer, to the court; and
(b)must do so if the court so directs.
(5) A party invited to make representations must serve
them on the Registrar within such period as the
(6) The court must not reopen a decision to which this
rule applies unless each other party has had an
opportunity to make representations.
[Note. The Court of Appeal has power only in exceptional
circumstances to reopen a decision to which this rule
(d)amend the table of contents correspondingly.
16. In Part 39 (Appeal to the Court of Appeal
about conviction or sentence)—