The Criminal Appeal Act 1912 (the Act) sets out the Court's functions, powers and jurisdiction; other legislation also invests jurisdiction in the Court for certain matters.
The Court's procedural requirements are set out in the Supreme Court (Criminal Appeal) Rules 2021 (the Rules) and Practice Note SC CCA 1 – Court of Criminal Appeal – General (the Practice Note).
There are specific forms which must be used for filing in the Court of Criminal Appeal. The most common are a Notice of Intention to Appeal and a Notice of Appeal. Other Applications may also be filed with the Court (where the Court is invested with jurisdiction under the Act or other legislation). All forms are accessible here.
The following summary is not exhaustive. Parties should read the Act, the Rules and the Practice Note for full details.
The Practice Note at 30-34 sets out the Court's requirements in relation to the filing and listing of interlocutory appeals, including questions which must be answered when filing and the content of written submissions.
Parties are directed to the Court's requirements in the Practice Note at 18-26 as to the layout and content of written submissions.
Forms must be completed in full, otherwise they may be rejected for filing. This includes annexures to any form.
A Notice of Appeal, for example, must always be filed with grounds of appeal, written submissions, as well as a list of days of relevant transcript and a list of exhibits, including certification as to their availability and whereabouts.
The requirement set out in 6(a) of the Practice Note to file hard copies of certain documents after e-filing is generally waived. There will be exceptions, and parties will be advised at the time of e-filing if three hard copies and a fourth e-copy must be provided to the Court within 24 hours of e-filing. The general waiver does not extend to filing Appeal Books, Colour exhibits, Non-documentary exhibits, and Sensitive, Confidential and/or Court-sealed documents, which must be filed in hard copy, as per the Practice Note at 6, unless otherwise ordered.
The original of all signed documents must still be provided to the Registry after e-filing, with a cover note confirming it is an original of a document previously e-filed with the Court and specifying the date of e-filing.
Parties are directed to the following provisions in the Practice Note: