Part XIV: Electronic Filing and Service for Criminal Proceedings

116. Application

117. Hard copies of documents

118. Timelines for filing

119. Filing fees

116. Application

(1) The directions contained in this Part shall apply to the filing, service, delivery and conveyance of documents in criminal proceedings commenced in the High Court on or after 10 January 2005 but before 2 January 2021 or in the General Division on or after 2 January 2021, and criminal proceedings commenced in the Court of Appeal on or after 10 January 2005.

(2) The attention of solicitors is drawn to the Criminal Procedure Code (Electronic Filing and Service for Supreme Court) Regulations 2012 as in force immediately before 1 April 2022, which shall have effect in relation to any document that is required to be filed with, served on, delivered or otherwise conveyed to the Supreme Court or any party to any criminal matter that is to be heard in the Supreme Court under the Criminal Procedure Code 2010.

(3) In addition, the following paragraphs of these Practice Directions shall apply, mutatis mutandis, to specified documents filed under this Part:

(a) 12(8);

(b) 27;

(c) 31(6);

(d) 34(3)(b) and (c);

(e) 35(2) to (6);

(f) 57, save for sub-paragraph (4)(e);

(g) 106;

(h) 107;

(i) 108, save for the provisions relating to fees;

(j) 109;

(k) 110;

(l) 111;

(m) 112, save for the provision relating to fees;

and

(n) 112.

117. Hard copies of documents

(1) The provisions of this paragraph are without prejudice to the provisions of the Criminal Procedure Code (Electronic Filing and Service for Supreme Court) Regulations 2012 as in force immediately before 1 April 2022.

(2) Counsel in magistrate’s appeals, criminal revisions, criminal motions, show cause proceedings and special case hearings before the General Division should ensure that 2 hard copies each of any skeletal arguments and/or bundles of authorities are tendered to the Legal Registry of the Supreme Court.

(3) Counsel in criminal appeals, criminal motions and criminal references before the Court of Appeal should ensure that 4 hard copies of any skeletal arguments are tendered to the Legal Registry.

(4) For the avoidance of doubt, it shall not be necessary for bundles of authorities to be filed electronically.

118. Timelines for filing

(1) Skeletal arguments that are to be electronically filed must be filed and served in accordance with the following timelines and any Court directions:

(a) in a case where the matter is before the General Division, at least 10 days before the hearing; and

(b) in a case where the matter is before the Court of Appeal, by 4 p.m. on the Monday three weeks before the start of the Court of Appeal sitting period within which that matter is scheduled for hearing, regardless of the actual day (within that sitting period) on which that matter is scheduled for hearing before the Court of Appeal. (For example, if the sitting period starts on Monday, 18 February 2019 and ends on Friday, 8 March 2019, all skeletal arguments for matters listed before the Court of Appeal in that sitting period must be filed by 4 p.m. on Monday, 28 January 2019.)

(2) Hard copies of bundles of authorities shall be tendered to the Legal Registry of the Supreme Court at the same time as hard copies of skeletal arguments.

(3) Where an accused person intends to plead guilty to the charge(s) proceeded with at a preliminary inquiry or committal hearing, the prosecution shall tender hard copies of the following to the Legal Registry of the Supreme Court at least 2 working days before the hearing:

(a) a statement of the facts of the case;

(b) the draft charge(s) the prosecution will be proceeding with, where applicable; and

(c) any other supporting documents, including any documents referred to in the statement of the facts of the case.

(4) In all other cases fixed for a preliminary inquiry or committal hearing, the prosecution shall tender hard copies of the following to the Legal Registry of the Supreme Court at least 5 clear days before the hearing:

(a) the conditioned statements of all witnesses;

(b) the draft charge(s) the prosecution will be proceeding with, where applicable; and

(c) any other supporting documents, including any exhibits referred to in the conditioned statements of all witnesses.

119. Filing fees

The attention of solicitors is drawn to Regulations 7 and 8 of the Criminal Procedure Code (Electronic Filing and Service for Supreme Court) Regulations 2012 as in force immediately before 1 April 2022, which govern the payment of fees for the use of the service bureau and the electronic filing service for criminal proceedings.