Rule 1
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(1)
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Any of the following applications, that is to say
-- an application under section 2 of the
Administration of Justice Act 1960, or under that section as applied by section
13 of that Act, to extend the time within which an application may be made to a
Divisional Court for permission to appeal to the House of Lords under section 1
of that Act, or section 13 thereof, from an order or decision of that court,
and
- an application by a defendant under section
9(3) of that Act to a Divisional Court for permission to be present on the
hearing of any proceedings preliminary or incidental to an appeal to the House
of Lords under section 1 of that Act from a decision of that court
must be made to a Divisional Court except in
vacation when it may be made to a judge.
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(2)
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Any such application to a Divisional Court, if not
made in the proceedings before the Divisional Court from whose order or
decision the appeal in question is brought, must be made by the issue of a
claim form.
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(3)
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Any such application to a judge must, in the case
of such an application as is referred to in paragraph (1)(a) be made by the
issue of a claim form and, in the case of such an application as is referred to
in paragraph (1)(b) need not be served on any other person unless, in the
latter case, the judge otherwise directs.
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(4)
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No application notice or copy of the claim form (as
the case may be) by which such an application as is referred to in paragraph
(1)(b) is made, need be given to any party affected thereby unless the
Divisional Court otherwise directs.
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(5)
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Where any application to which this rule applies is
made in vacation to a single judge and the judge refuses the application, the
applicant shall be entitled to have the application determined by a Divisional
Court.
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Rule 3
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(1)
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Where, in the case of an appeal under section 13 of
the Administration of Justice Act 1960, to a Divisional Court or to the House
of Lords from a Divisional Court, the appellant is in custody, the High Court
may order his release on his giving security (whether by recognizance, with or
without sureties, or otherwise and for such reasonable sum as the court may
fix) for his appearance, within 10 days after the judgment of the Divisional
Court or, as the case may be, of the House of Lords, on the appeal before the
court from whose order or decision the appeal is brought unless the order or
decision is reversed by that judgment.
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(2)
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Order 79, rule 9(1) to (6) and (8) shall apply in
relation to an application to the High Court for bail pending an appeal under
the said section 13 to which this rule applies, and to the admission of a
person to bail in pursuance of an order made on the application, as they apply
in relation to an application to that court for bail in criminal proceedings,
and to the admission of a person to bail in pursuance of an order made on the
application, but with the substitution, for references to the defendant, of
references to the appellant, and, for references to the prosecutor, of
references to the court officer of the court from whose order or decision the
appeal is brought and to the parties to the proceedings in that court who are
directly affected by the appeal.
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Rule 4
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(1)
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Where, in the case of an appeal under section 13 of
the Administration of Justice Act 1960
(99)
, to the Court of Appeal or to the House of Lords
from the Court of Appeal, the appellant is in custody, the Court of Appeal may
order his release on his giving security (whether by recognisance, with or
without sureties, or otherwise and for such reasonable sum as that court may
fix) for his appearance within 10 days after the judgment of the Court of
Appeal or, as the case may be, of the House of Lords on the appeal shall have
been given, before the court from whose order of decision the appeal is brought
unless the order or decision is reserved by that judgment.
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(2)
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An application for the release of a person under
paragraph (1) pending an appeal to the Court of Appeal or House of Lords under
the said section 13 must be made in accordance with CPR Part 23, and the
application notice must, at least 24 hours before the day named therein for the
hearing, be served on the court from whose order or decision the appeal is
brought and on all parties to the proceedings in that court who are directly
affected by the appeal.
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(3)
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Order 79, rules 9 (6), (6A) and (8) shall apply in
relation to the grant of bail under this rule by the Court of Appeal in a case
of criminal contempt of court as they apply in relation to the grant of bail in
criminal proceedings by the High Court, but with the substitution for
references to a judge of references to the Court of Appeal and for references
to the defendant of references to the appellant.
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(4)
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When granting bail under this rule in a case of
civil contempt of court, the Court of Appeal may order that the recognisance or
other security to be given by the appellant or the recognisance of any surety
shall be given before any person authorised by virtue of section 119 (1) of the
Magistrates Courts Act 1980
(100)
to take a recognisance where a magistrates court having power to take it
has, instead of taking it, fixed the amount in which the principal and his
sureties, if any, are to be bound. An order by the Court of Appeal granting
bail is aforesaid must be in Form 98 in the relevant Practice Direction with
the necessary adaptations.
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(5)
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Where in pursuance of an order of the Court of
Appeal under paragraph (4) of this rule a recognisance is entered into or other
security given before any person, it shall be the duty of that person to cause
the recognisance of the appellant or any surety or, as the case may be, a
statement of the other security given, to be transmitted forthwith to the
justices' chief executive for the court which committed the appellant; and a
copy of such recognisance or statement shall at the same time be sent to the
governor or keeper of the prison or other place of detention in which the
appellant is detained, unless the recognisance or security was given before
such governor or keeper.
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(6)
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The powers conferred on the Court of Appeal by
paragraphs (1), (3) and (4) of this rule may be exercised by a single
judge.
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