Section 392 — Crimes Act 1961: Duties of Registrar with respect to notices of appeal, etc

392 Duties of Registrar with respect to notices of appeal, etc (1) The Registrar of the Court of Appeal or the Registrar of the Supreme Court shall take all necessary steps for obtaining a hearing of any appeal or application for leave to appeal of which notice is given to him, and shall obtain and lay before the Court in proper form all documents, exhibits, and other things connected with the proceedings in the Court whose decision is appealed against which appear necessary for the proper determination of the appeal or application. (1A) For every appeal against conviction or sentence, the Registrar must prepare a preliminary case on appeal comprising— (a) the trial transcript; and (b) the trial Judge's summing up to the jury, if the Registrar considers it relevant to the grounds of appeal; and (c) any other documents, exhibits, or other things connected with the proceedings that the Registrar considers are relevant to the grounds of appeal and appropriate for inclusion in the preliminary case on appeal. (1B) A preliminary case on appeal prepared under subsection (1A) must be given to— (a) the Court or Judge deciding the mode of hearing; and (b) the parties to the appeal; and (c) the Legal Services Agency, on request by the Agency. (2) [Repealed] (3) Any documents, exhibits, or other things connected with the proceedings on the trial of any person on indictment who, if convicted, is entitled or may be authorised to appeal against conviction or sentence shall be kept in the custody of the Court, in accordance with rules of Court made for the purpose, for such time as may be provided by the rules, and subject to such power as may be given by the rules for the conditional release of any such documents, exhibits, or things from that custody. (4) The Registrar shall furnish the necessary forms and instructions in relation to notices of appeal or notices of application as aforesaid to any person who demands them, and to officers of Courts, prison managers of prisons, and such other officers or persons as he thinks fit, and the prison manager of every prison shall cause those forms and instructions to be placed at the disposal of prisoners desiring to appeal or to make any application under this Part of this Act, and shall cause any such notice given by a prisoner in his custody to be forwarded on behalf of the prisoner to the Registrar. (5) [Repealed] (6) When notifying parties about the decision on the mode of hearing, the Registrar must also advise parties of the procedure and time frames required by the rules of Court relating to— (a) making written submissions on the mode of hearing; and (b) in the case of a hearing on the papers, making written submissions on the appeal or application, for consideration at the hearing; and (c) in the case of an oral hearing, providing written material to the Court and the other party; and (d) in all cases, exercising the right of reply. (7) After an appeal or application is determined by the Court, the Registrar must send a copy of the decision to the parties as soon as is reasonably practicable. Compare: 1945 No 23 s 15 Subsection (1) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by inserting the words “ or the Registrar of the Supreme Court ” after the words “ Court of Appeal ” . See sections 50 to 55 of that Act for the transitional and savings provisions. Subsections (1A) and (1B) were inserted, as from 10 December 2001, by section 7(1) Crimes (Criminal Appeals) Amendment Act 2001 (2001 No 92). See clause 2 Crimes (Criminal Appeals) Amendment Act Commencement Order 2001 (SR 2001/370). See section 12 of that Act as to transitional provisions. Subsection (2) was repealed, as from 10 December 2001, by section 7(2) Crimes (Criminal Appeals) Amendment Act 2001 (2001 No 92). See clause 2 Crimes (Criminal Appeals) Amendment Act Commencement Order 2001 (SR 2001/370). See section 12 of that Act as to transitional provisions. Subsection (3) was amended, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) by substituting the words “ High Court ” for the words “ Supreme Court ” . Subsection (3) was amended, as from 1 May 1981, by section 19 Crimes Amendment Act (No 2) 1980 (1980 No 85) by omitting the word “ High ” . Subsection (4) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the words “ prison managers of prisons ” for the words “ Superintendents of penal institutions ” . See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). Subsection (4) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the words “ prison manager ” for the word “ Superintendent ” . See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). Subsection (4) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word “ prison ” for the words “ penal institution ” . See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). Subsection (5) was repealed, as from 1 February 2001, by section 128 Legal Services Act 2000 (2000 No 42). See clause 2 Crimes (Criminal Appeals) Amendment Act Commencement Order 2001 (SR 2001/370). See section 12 of that Act as to transitional provisions. Subsections (6) and (7) were inserted, as from 10 December 2001, by section 7(3) Crimes (Criminal Appeals) Amendment Act 2001 (2001 No 92). See clause 2 Crimes (Criminal Appeals) Amendment Act Commencement Order 2001 (SR 2001/370). See section 12 of that Act as to transitional provisions.