Court of Appeal Legal Diary, 2021-03-05

• Judgment Date: 05 March 2021
• Issuer: Court of Appeal

COVID-19 (updated 27th October 2020 )
The court office in the Criminal Courts of Justice is open for business but by appointment only and all personal callers are dealt with in the Bail Office on the ground floor. Please therefore send an email to courtofappealcriminal@courts.ie for an appointment to lodge or collect documents and arrangements will be made for a member of staff to attend at the Bail Office situated on the ground floor of the criminal building. There is a Dropbox facility in a secure area of the Bail Office which is checked twice daily. Documents may also be lodged via email to the above address or by post or by DX (268001). The office is also contactable by telephone on (01) 7988004.

REMOTE APPEAL HEARINGS
The attention of practitioners is drawn to the provisions of the following Notices issued by the President of the Court of Appeal the text of which is published on the COVID-19 homepage:
The Information Notice on the conduct of remote hearings issued on the 14th May 2020
The Information Notice on E-filing of appeal papers issued on the 20th April 2020 - this Notice is in the process of being re-issued to take account of the ShareFile system which will be the required platform for the e-filing of appeal papers. Further information on this system is available from the court office.

Any updates in relation to the listing of appeals will be published in the Legal Diary and practitioners are advised to monitor the Diary for any such updates. Any enquiry in relation to the listing of a criminal appeal (or a civil appeal for hearing in the Criminal Courts of Justice) may be made to the Registrar by email to courtofappealcriminal@courts.ie.

CIVIL APPEALS FOR HEARING IN THE CRIMINAL COURTS OF JUSTICE
Civil appeals with a criminal/custody element ie Article 40 habeas corpus, extradition, bail and judicial review arising out of criminal proceedings are now dealt with by the criminal office. The civil office will continue to issue the Notice of Appeal and identify whether the appeal comes within the category of appeal to be heard in the Criminal Courts of Justice and allocate the next available case-management list for a directions hearing. The file will then be transferred to the criminal office and all subsequent documents in the appeal process are to be lodged in the criminal office which will have responsibility for the management and listing of the appeal. For the avoidance of doubt such documents include Respondent's Notices, directions books, motions (and motion books), submissions and books of appeal. Any enquiries in relation to such appeals should be made to the criminal office by email to courtofappealcriminal@courts.ie. Submissions should also be emailed in word format to that address. This will also be the mailing address for the transmission of books of appeal in soft copy in accordance with the provisions of the Efiling Notice dated the 20th April 2020 (currently under review as above). The provisions of Practice Direction CA06 also apply.

Case-Management List
There will be a remote case-management list on Friday the 5th March at 10 o'clock before the President and while it is intended to have a list every Friday in term practitioners are advised to check the Legal Diary on an ongoing basis to confirm that there is a list scheduled on a Friday where a matter is required to be listed for case-management. The court office will also be able to confirm the dates of such lists.

Sentence appeals and undue leniency applications
See Practice Direction (CA02) for requirements as to materials (reports, testimonials etc) for the use of the court in sentence appeals and undue leniency applications. Practitioners are urged to ensure that any such materials are furnished to the court office in good time in advance of the remote hearing date to facilitate the transmission of the materials to the Court. Practitioners are also reminded that there is no necessity to apply to Court for the preparation of a Governor's Report or an Educational...