(1)Before making a review application, the applicant must apply to the appellate court for, and obtain, the permission of that court to do so.
Section history
Section 394H — Application for permission to make review application
As in force on 1 July 2022.
(2)An application for permission must be fixed for hearing within such period as is prescribed by the Criminal Procedure Rules.
(3)The applicant in an application for permission 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 an application for permission 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 or any Supreme Court Judge may extend or abridge any period mentioned in subsection (2), (3) or (4).
(6)An application for permission is to be heard —
(a)in any case where the appellate court is the Court of Appeal — by a single Judge sitting in the Court of Appeal; or
(b)in any case where the appellate court is the General Division of the High Court — by the Judge who made the decision to be reviewed or, if that Judge is not available, by any Judge.
(7)An application for permission may, without being set down for hearing, be summarily dealt with by a written order of the appellate court.
(8)Before summarily refusing an application for permission, 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 permission 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.