EQUIPO DE COMPROBACIÓN TÉCNICA

A method used by the court to expedite the appellate process is the single judge system. Under this procedure application is made to a single judge of the Queen's Bench Division, who either grants or refuses leave. In the event that leave is

157

158

Meador, Daniel J, Criminal Appeals: English Practices and American Reforms, The University Press of Virginia, 1973, pp.28-29.

Post Trial Procedure and the Accused, ed. Coutts, J.A., 1966.

refused, the applicant can re-apply to the full court. The 1907 Criminal Appeal Act provided that application for leave to appeal may be made to a single judge. By the single judge procedure 'hopeless' cases would be filtered out of the appellate system. Daniel Meador described the single judge leave granting process as "an effective, high volume screening mechanism.

However, the inordinate delays caused by the large number of meritless appeals which came before the court saw the need for a practice direction in 1970 by the Chief Justice, Lord Parker, regarding the loss of time, whenever an application for leave to appeal is r e f u s e d .

After the Lord Chief Justice (Lord Parker) announced from the bench on March 8, 197 0, that the court would not hesitate to direct that time served in regard to meritless appeals would not be counted and to this end, the Registrar's Office would issue a Form AA. The applicant had to sign a statement that he had read the said form. Part of the form stated:

"Your application may go first to a single judge who might refuse it and direct that part of the time in custody after putting in the notice of application shall not count towards your sentence. If you then abandoned the application that time would be lost, but only that time. If, however, you renewed the application to a court of three judges, they might direct that you lose more time. The result in either case is a later date of release.

159 160 161

Supra note 157, p.56.

Practice Note, March 17, 1970, [1970] 1 ALL E.R. 119.

Daniel J. Meador observed:

"To understand the effect of this device, it is necessary to realise that few convicted defendants in England are at liberty pending appeal.

A Guide to Proceedings in the Court of Appeal Criminal Division stated:

"bail may be granted (a) by the CADC (Court of Appeal Criminal Division) or (b) by the judge before whom he was sentenced but only where a certificate is issued that the case is fit for appeal.

This power was rarely exercised by the single judge.

As delays caused by the number of meritless appeals continued, the court, per Lord Widgery, C. J., saw the need for a reminder. At the sitting of the Court of Appeal, Criminal Division, February 14, 1980, Lord Widgery, C. J . , stated:

"In 1970 the then Lord Chief Justice, Lord Parker, C.J., found it necessary to issue a reminder of the power, both of the full court and of the single judge, when refusing an application for leave to appeal, to direct that part of the time, during which a person was in custody after lodging his application should not count towards sentence.

162

163

164

Supra note 159, p.62.

1983, para. 15.1.

Practice Note, [1988] 1 ALL E.R. 555. See also a Guide to Proceedings in the Court of Appeal, Criminal Division,

Therefore, single judges, as of April 15, 1980 would "give special direction for loss of time, whenever an application for leave to appeal is refused." In fact, steps were taken to ensure that the practice note was brought to the attention of prisoners who intended to file appeals.

The frequent exercise of this discretion by the single judge or the full court to direct that time served by the prisoner is lost, is a device to screen meritless appeals out of the criminal justice system and to speed up the appellate process in respect of meritorious appeals.

The Criminal Justice Act, 1988 also provides for the dismissal of "frivolous or vexations" appeals or application for leave to appeal. Section 157 states:

"If it appears to the Registrar that a notice of appeal or application for leave to appeal does not show any substantial ground of appeal, he may refer the appeal or application for leave to the court for summary determination; and where the case is so referred the court may, if they consider that the appeal or application for leave is frivolous or vexatious, and can be determined without adjourning it for a full hearing, dismiss the appeal or application for leave summarily without calling on anyone to attend the hearing or to appear for the Crown thereon."

Concern has been expressed about the delays caused from waiting for transcripts. Concerning this matter, the

"Interdepartmental Committee on the Court of Criminal Appeal", stated :

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"In recent times complaints have been made that the delay in supplying transcripts of shorthand notes to the court was delaying the hearing of appeals.

Additionally, if a shorthand writer died or left the jurisdiction before the transcript was produced, the possibility existed that nobody might be able to read the transcript.

To address this problem, a committee was appointed under the chairmanship of the Honourable Mr. Justice Baker to investigate the possibilities of mechanical recording of the proceedings. The precise terms of reference of this committee were ;

"To consider and advise on schemes for mechanical recording of court proceedings; for transcription of material so recorded, and all matters incidental thereto.",16 7

The committee examined several methods of mechanical recording in other countries. In many of those countries this type of equipment was used as an aid to the shorthand writer rather than as a replacement, as somebody has to monitor the mechanism.

Chairman: The Rt. Hon. Lord Donovon (1964-1965). (cmnd.2755) para. 219, p.57. See also "The Criminal Division of the Court of Appeal", [1969] 12 C.L.Q. 70.

167

The Interim Report of the Committee on the Mechanical Recording of the Court Proceedings, chairman: The Rt. Hon. Mr. Justice Baker, 1967 (cmnd.2733).

ANALYSES OF PROCEDURE TO EXPEDITE THE APPELLATE TRIAL PROCESS