Criminal Rules 2006

In an appeal before the Court of Criminal Appeal, the appellant or, if more than one, an appellant selected by the Registrar is to prepare an appeal book.

The appeal book is to contain only material which is directly relevant to the appeal.

Every appellant must, within 7 days of filing either a notice of appeal or a notice of application for leave to appeal, file a list of the contents proposed to be included in the appeal book.

Upon the filing of the list, the Registrar is to give an appointment for the settlement of the contents of the appeal book, and each appellant is to serve a copy of the proposed list of contents and notice of appointment on every other party interested in the appeal.

For the purpose of settling the contents of the appeal book – the Registrar may consult with the trial judge; and the trial judge may direct the parties to attend before him or her for the purpose of settling the contents of the appeal book.

The appeal book is to be prepared in the manner prescribed by rule 668(1) to (6), inclusive, of the Supreme Court Rules 2000 unless the Registrar determines otherwise.

The appeal book is to contain a certificate by the appellant or his or her legal practitioner that the contents of the book have been examined and are correct.

The contents of the appeal book are to be arranged in the following order:title page; index; the certificate referred to in subrule (7); the notice of appeal to the Court of Criminal Appeal; the indictment; evidence, either oral or by affidavit; any exhibits; any ruling given during the trial; the summing-up by the trial judge; the trial judge's comments on passing sentence; any other relevant material.

No later than 14 days before the first day of the term following the settling of the contents of the appeal book or such other time as the Court or a judge allows, the appellant is to – file in the Registry 3 copies of the appeal book for the use of the judges of the Court of Criminal Appeal, together with a certified copy of the appeal book for the Court file; and deliver a copy of the appeal book to every other party to the appeal.

The Registrar may prepare the appeal book if satisfied that it would cause undue hardship for the appellant to prepare it.

If the Registrar refuses to prepare the appeal book, the appellant may apply to a judge to review that decision.