Made | 15th November 2004 | ||
Laid before Parliament | 18th November 2004 | ||
Coming into force in accordance with article 1 |
if it is in the interests of justice to do so.
(7) Where this rule requires a notice or application to be given or sent it may, with the consent of the addressee, be sent by fax or other means of electronic communication.".
3.
There shall be inserted after Form 20 in the Criminal Appeal Rules 1968, Forms 21, 22 and 23 set out in the Schedule to these Rules.
Falconer of Thoroton, C.
Woolf, C.J.
Master Venne
Potter, L.J.
C.Hagen Q.C.
D. Matheson, Q.C.
P. Carter, Q.C.
J.V. Pegden, Q.C.
E. Barnett, J.P.
G. White
Dated 15th November 2004
Details required | Notes |
1.
Details of applicant Name: Address: |
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2.
Case details Case reference numbers: Date leave to appeal was given, where leave is required, or after notice of appeal is given in any other case: Name of appellant(s): Charges: |
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3.
Details of this application Please provide the following details
(b) the grounds for the admission of evidence of a non-appellant's bad character under section 100 of the 2003 Act. |
Section 100 of the 2003 Act. Please attach any relevant documentation. |
4.
Extension of time Are you applying for an extension of time for service? (yes/no) If so please provide details. |
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Signed: Dated |
Details required | Notes |
1.
Details of party giving notice Name: Address: |
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2.
Case details Case reference numbers: Date leave to appeal was given, where leave is required, or after notice of appeal is given in any other case: Name of appellant(s): Charges: |
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3.
Details of this Notice To the named appellant: You are hereby given notice that bad character evidence, particulars of which are detailed below, is to be adduced or elicited in these proceedings. The particulars of that bad character evidence are as follows: |
In this section include:
b) the grounds for the admission of evidence of the appellant's bad character under section 101 of the 2003 Act; c) why the admission of that evidence is in the interests of justice, where section 108 of the Act applies (evidence of conviction when under 14 used in proceedings for offence committed as an adult).
Please attach any relevant documentation. |
4.
Extension of time Are you applying for an extension of time for service? (yes/no). If yes, state your reasons. |
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Signed: Dated: |
Details required | Notes |
1.
Details of the appellant Name: Address: Date of Birth: If you are in custody, please give your Prison Index No. and address where detained: |
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2.
Case details Case reference numbers: Date leave to appeal was given, where leave is required, or after notice of appeal is given in any other case: Charges: Date that you were served with the notice of the intention to adduce bad character evidence in these proceedings: |
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3.
Details of the application Include the following information:
(b) details as to the length of time between the matters to which the bad character evidence relates and the matters which form the subject of the offence charged. (c) if you are applying for the exclusion of this evidence on grounds other than section 101(3) of the 2003 Act, please set out such objections. |
Note that an application to exclude this evidence under section 101(3) of the 2003 Act can only be made if you have been notified of a party's intention to adduce this evidence under subsection 101(1)(d) (it is relevant to an important matter in issue between the appellant and the prosecution) or subsection 101(1)(g) (that the appellant has made an attack on another person's character). Section 101(4) of the 2003 Act. |
4.
Offences committed by the appellant when a child If you are applying to exclude evidence of a previous conviction for an offence when under the age of 14, state
(b) why it would not be in the interests of justice for that evidence to be admitted. |
Section 108(2) of the 2003 Act. |
5.
Extension of time Are you applying for an extension of time for service (yes/no) If so, state your reasons. |
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Signed: Date |
[3] S.I. 1968/1262, to which there are amendments not relevant to these Rules.back