Trial
on indictment
39.1
Time limits for beginning of trials
The
periods set out for the purposes of section 77(2)(a) and (b) of the
Supreme Court Act 1981 ((1)) shall be 14 days and 8 weeks respectively
and accordingly the trial of a person committed by a magistrates’
court—
(a)
shall not begin until the expiration of 14 days beginning with the
date of his committal, except with his consent and the consent of
the prosecution; and
(b) shall, unless the Crown Court has otherwise ordered, begin not
later than the expiration of 8 weeks beginning with the date of his
committal.
Formerly
rule 24 of the Crown Court Rules 1982(2). For time limits for the listing
of plea and directions hearings see direction IV.42 in the Practice
Direction.
39.2
Appeal against refusal to excuse from jury service or to defer attendance
(1)
A person summoned under the Juries Act 1974(3) for jury service may
appeal in accordance with the provisions of this rule against any refusal
of the appropriate court officer to excuse him under section 9(2), or
to defer his attendance under section 9A(1), of that Act.
(2)
Subject to paragraph (3), an appeal under this rule shall be heard by
the Crown Court.
(3)
Where the appellant is summoned under the 1974 Act to attend before
the High Court in Greater London the appeal shall be heard by a judge
of the High Court and where the appellant is summoned under that Act
to attend before the High Court outside Greater London or before a county
court and the appeal has not been decided by the Crown Court before
the day on which the appellant is required by the summons to attend,
the appeal shall be heard by the court before which he is summoned to
attend.
(4)
An appeal under this rule shall be commenced by the appellant's giving
notice of appeal to the appropriate court officer of the Crown Court
or the High Court in Greater London, as the case may be, and such notice
shall be in writing and shall specify the matters upon which the appellant
relies as providing good reason why he should be excused from attending
in pursuance of the summons or why his attendance should be deferred.
(5)
The court shall not dismiss an appeal under this rule unless the appellant
has been given an opportunity of making representations.
(6)
Where an appeal under this rule is decided in the absence of the appellant,
the appropriate court officer of the Crown Court or the High Court in
Greater London, as the case may be, shall notify him of the decision
without delay.
[Note.
Formerly rule 25 of the Crown Court Rules 1982(4).]
