Appeals to Court of Appeal—want of prosecution of appeal
5603 Appeals to Court of Appeal—want of prosecution of appeal
In this rule:
appeal means—
an application for further time to apply for leave to appeal under this part; or
an appeal or application for leave to appeal (or leave to appeal out of time) under this part, and includes a convicted person’s application; or
an application for leave to file a notice of appeal under rule 5405 (2) (Appeals to Court of Appeal—time for filing notice of appeal).
appellant means—
a person applying for further time to apply for leave to appeal under this part; or
an applicant for leave to appeal (or leave to appeal out of time) under this part; or
the convicted person for a conviction or sentence applying for leave to appeal under subdivision 5.4.7.2 (Appeals to Court of Appeal—leave to appeal out of time by convicted person); or
an applicant for leave to file a notice of appeal under rule 5405 (2); or
a person appealing under this part.
convicted person’s application means an application under subdivision 5.4.7.2 (Appeals to Court of Appeal—leave to appeal out of time by convicted person) by the convicted person for a conviction or sentence.
This rule applies if an appellant—
has not done anything required to be done under these rules during a period of 3 months after the day the requirement arises; or
otherwise has not prosecuted the appellant’s appeal with appropriate effort during a period of 3 months after the day the last step in the proceeding was taken.
The Court of Appeal may—
order that the appeal be dismissed for want of prosecution and confirm the order appealed from; or
on its own initiative, set a time for the doing of a thing required to be done in relation to the appeal and—
at the same time order that, if the appellant does not do the thing within the time, the appeal will be dismissed for want of prosecution and the order appealed from confirmed; or
if the appellant does not do the thing within the time—order that the appeal be dismissed for want of prosecution and confirm the order appealed from; or
make any other order the Court of Appeal considers just.
A respondent may apply to the Court of Appeal to require the appellant to show cause why the appeal should not be dismissed for want of prosecution.
Pt 6.2 (Applications in proceedings) applies to the application.
On the hearing of the application, the Court of Appeal may make an order mentioned in subrule (3).
An order mentioned in subrule (3) (b) may be amended at any time before the appeal is dismissed for want of prosecution and, in special circumstances, may be amended or revoked after that time.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.