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Section history

Section 394H — Application for permission to make review application

Consolidated view is experimental and may be broken for certain provisions.

Amendments
394H.Application for leavepermission to make review application

(1)Before making a review application, the applicant must apply to the appellate court for, and obtain, the leavepermission of that court to do so.

(2)A leave applicationAn application for permission must be fixed for hearing within such period as is prescribed by the Criminal Procedure Rules.

(3)The applicant in a leave applicationan 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 a leave applicationan 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 appellate courtRegistrar of the Supreme Court, any judge of the High Court or any Judge of the Court of Appeal or any Supreme Court Judge may extend or abridge any period mentioned in subsection (2), (3) or (4).

(6)A leave applicationAn 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 by 3 or any greater uneven number of Judges sitting in the Court of Appeal; or

Paragraph (b) — Original text to 28 June 2024superseded

(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.

Paragraph (b) — From 28 June 2024 (current)rewritten by Post-appeal Applications in Capital Cases Act 2022

(b)in any case where the appellate court is the General Division of the High Court —

(i)by the Judge who made the decision to be reviewed or, if that Judge is not available, by any Judge;

(ii)by the Judges who made the decision to be reviewed, or by any one of those Judges, or if none of those Judges are available, by any Judge; or

(iii)by 3 or any greater uneven number of Judges sitting in the General Division of the High Court.

(6A)In deciding whether or not to grant an application for permission, the appellate court must consider the following matters:

(a)whether the conditions or the requirements in sections 394G, 394J and 394K are satisfied;

(b)whether there was any delay in filing the application for permission after the applicant or counsel for the applicant had obtained the material mentioned in section 394J(2) and the reasons for the delay;

(c)whether subsection (3) is complied with;

(d)whether the review application to be made has a reasonable prospect of success.

(7)A leave applicationAn 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 a leave applicationan application for permission, the appellate court, in addition to considering the matters mentioned in subsection (6A) —

(a)must consider the applicant’s written submissionssubmissions, (ifif any);any; and

(b)may, but is not required to, consider the respondent’s written submissionssubmissions, (ifif any).any.

(9)Before summarily granting leavepermission to make a review application, the appellate court, in addition to considering the matters mentioned in subsection (6A) —

(a)must consider the applicant’s written submissionssubmissions, (ifif any);any; and

(b)must consider the respondent’s written submissionssubmissions, (ifif any).any.

(10)The appellate court may —

(a)before deciding whether to grant an application for permission;

(b)when granting permission to make a review application; or

(c)when summarily granting permission to make a review application,

do one or both of the following:

(d)make any incidental directions or give any interim orders (including a stay of execution of the sentence) as the court considers necessary;

(e)take additional evidence.