• “(a) in any case, until the expiration of any period within which an appeal against conviction or sentence may be lodged; and

• “(b) if an appeal against conviction or sentence is lodged, until the determination of the appeal, unless otherwise ordered by the Court,—.”

“390 Duty of Solicitor-General

• “(1) It is the duty of the Solicitor-General to—

  • “(a) represent the Crown on every appeal against conviction or sentence; and

  • “(b) appear at every hearing involving oral submissions on an appeal or application for leave to appeal under this Part.

  “(2) The Solicitor-General's duties under subsection (1)—

  • “(a) may be performed by any other counsel employed or engaged by the Crown; and

  • “(b) do not apply in the case of a private prosecution.”

• “(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.”

• “(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.”

“392A Decision about mode of hearing

• “(1) An appeal or application for leave to appeal must be dealt with by way of a hearing involving oral submissions unless the Judge or Court making the decision on the mode of hearing determines, on the basis of the information contained in the notice of appeal, notice of application, or other written material provided by the parties, that the appeal or application—

  • “(a) can be fairly dealt with on the papers; and

  • “(b) either has no realistic prospect of success or clearly should be allowed.

  “(2) In determining whether an appeal or application can be fairly dealt with on the papers, the Judge or Court may consider any matters relevant to the decision on the mode of hearing, including such matters as—

  • “(a) whether the appellant has been assisted by counsel in preparing the appeal or application:

  • “(b) whether the appellant has been provided with copies of the relevant trial documentation:

  • “(c) the gravity of the offence:

  • “(d) the nature and complexity of the issues raised by the appeal or application:

  • “(e) whether evidence should be called:

  • “(f) any relevant cultural or personal factors.

  “(3) A Judge of the Court of Appeal, acting alone, may make a decision about the mode of hearing a particular appeal or application, but no Judge acting alone may reverse a decision on mode that has been made by the Court.

  “(4) The Court of Appeal may, at any time, either on its own initiative or on the application of any party, change the mode of hearing a particular appeal or application to an oral hearing, having regard to any written submissions made by the parties concerning the mode of hearing.

  “(5) The Court or Judge making the decision on the mode of hearing must apply section 392B(2) to (5) (with all necessary modifications) in the same way as the Court would apply them in determining an appeal or application for leave to appeal.

  “(6) Every decision about the mode of hearing an appeal or application must be in writing, be accompanied by reasons (unless the decision is that the hearing will be an oral hearing), and be provided by the Registrar to the parties.

“392B Hearings on the papers

• “(1) This section applies to appeals and applications for leave to appeal that are disposed of by the Court of Appeal by way of a hearing on the papers.

  “(2) The parties to the appeal or application may make written, but not oral, submissions to the Court, and may include in their submissions—

  • “(a) additional relevant written material; and

  • “(b) responses to any submissions made by the other party.

  “(3) Neither the parties nor their representatives may appear before the Court.

  “(4) The appeal or application must be determined by the Court on the basis of the written material before it.

  “(5) Consideration of the written material may be undertaken in whatever manner the Court thinks fit.

  “(6) Paragraphs (b), (c), (d), and (e) of section 389 do not apply.”

• “(1) At the hearing of an appeal, or an application for leave to appeal, or on any proceedings preliminary or incidental to an appeal or application, the appellant may be represented by counsel.

• “(1A) If an appellant is in custody, he or she is not entitled to be present at a hearing involving oral submissions unless—

  • “(a) the rules of Court provide that he or she has the right to be present; or

  • “(b) the Court of Appeal gives leave for him or her to be present.”

• “(2) Every judgment of the Court of Appeal on an appeal or application under this Part (other than one relating to a preliminary or incidental matter) must be accompanied by reasons.”

• “(2) Until such rules are made, and so far as they do not extend, the existing practice and procedure of the High Court and the Court of Appeal remain and are in force in those Courts as far as they are not altered by or inconsistent with the provisions of this Act.

• “(3) The practice and procedure of the High Court must be followed by all District Courts in proceedings on indictment.”