(1)Before making a review application, the applicant must apply to the appellate court for, and obtain, the leave of that court to do so.
Section history
Section 394H — Application for leave to make review application
As in force on 10 February 2020.
Timeline 7 versions
(2)A leave application must be fixed for hearing within such period as is prescribed by the Criminal Procedure Rules.
(3)The applicant in a leave application must file written submissions in support of that application, and such other documents as are prescribed in the Criminal Procedure Rules, within such periods as are prescribed in the Criminal Procedure Rules.
(4)The respondent in a leave application may file written submissions in relation to that application within such period as is prescribed in the Criminal Procedure Rules.
(5)The Registrar of the Supreme Court, any judge of the High Court or any Judge of the Court of Appeal may extend or abridge any period mentioned in subsection (2), (3) or (4).
(6)A leave application is to be heard —
(a)in any case where the appellate court is the Court of Appeal — by a single Judge of Appeal; or
(b)in any case where the appellate court is the High Court — by the Judge who made the decision to be reviewed or, if that Judge is not available, by any Judge.
(7)A leave application may, without being set down for hearing, be summarily dealt with by a written order of the appellate court.
(8)Before summarily refusing a leave application, the appellate court —
(a)must consider the applicant’s written submissions (if any); and
(b)may, but is not required to, consider the respondent’s written submissions (if any).
(9)Before summarily granting leave to make a review application, the appellate court —
(a)must consider the applicant’s written submissions (if any); and
(b)must consider the respondent’s written submissions (if any).