Part 22: Other Matters Specific to Criminal Proceedings

165. Judge Case Conference Checklist for criminal trials in the General Division 165A. Affidavit in support of criminal motion for extension of time to lodge notice of appeal or petition of appeal 166. Affidavit in support of an application for permission under section 394H of the Criminal Procedure Code 2010 167. Written submissions for criminal appeals and other criminal matters before the Court of Appeal and the General Division 168. Further written submissions for criminal matters before the Court of Appeal 168A. Submissions by leading and junior assisting counsel in appeals under this Part 168B. Discharging, changing or ceasing to act as counsel

For every criminal case in the General Division that is scheduled for a Judge Case Conference before trial, unless the Defence has indicated that the accused wishes to plead guilty or the Court otherwise directs, the Prosecution and the Defence must each file, at least 7 days before the date of the Judge Case Conference, a Checklist (called the “Judge Case Conference Checklist”) in Form B44 of Appendix B of these Practice Directions.

Where the accused is not legally represented, the Registry will arrange, at least 4 weeks before the date of the Judge Case Conference, for a copy of the Judge Case Conference Checklist to be sent to, or collected by, the accused.

Under section 407(2)(a) of the Criminal Procedure Code 2010, a criminal motion must be supported by an affidavit setting out a concise statement of the facts, the relief or remedy required and the reasons for the relief or remedy.

Where the relief or remedy sought in a criminal motion is an extension of time to lodge a notice of appeal under section 377(2) of the Criminal Procedure Code 2010, or to lodge a petition of appeal under section 378(1) of the Criminal Procedure Code 2010, the affidavit supporting the criminal motion must attach as an exhibit an information sheet in Form B44A of Appendix B of these Practice Directions. The information sheet must be completed and signed by the person who makes the affidavit.

Under section 394H(3) of the Criminal Procedure Code 2010 read with Rules 11(2) and (3) of the Criminal Procedure Rules 2018, the applicant in an application for permission (as defined in section 394F(1) of the Criminal Procedure Code 2010) must file an affidavit in support of the application at the same time as the filing of the application. This affidavit is to be made by the applicant’s advocate (if the applicant is represented by an advocate when the affidavit is filed) or by the applicant (if the applicant is not represented by an advocate when the affidavit is filed). Where the applicant is represented by one or more advocates, a separate affidavit may be made by each advocate as the deponent or a joint affidavit may be made by all of the advocates as deponents.

Every affidavit mentioned in sub-paragraph (1) must attach as an exhibit an information sheet in Form B45 of Appendix B of these Practice Directions. The information sheet must be completed and signed by the person who makes the affidavit.

This paragraph applies to:

criminal appeals and other criminal matters before the Court of Appeal; and (b) magistrate’s appeals and other criminal matters before the General Division, except where the General Division is exercising its original criminal jurisdiction.

The provisions of this paragraph are subject to the provisions of the Criminal Procedure Code (Electronic Filing and Service for Supreme Court) Rules 2022 and these Practice Directions, requiring the electronic filing of documents in criminal proceedings.

Parties in magistrate’s appeals, criminal revisions and criminal motions before the General Division should ensure that 2 hard copies each of any written submissions and bundles of authorities (if any) are tendered to the Registry, unless parties are informed that more than 2 hard copies are to be tendered.

Parties in criminal appeals, criminal motions and criminal references before the Court of Appeal should ensure that 4 hard copies of any written submissions and bundles of authorities (if any) are tendered to the Registry, unless parties are informed that more than 4 hard copies are to be tendered.

To avoid doubt:

written submissions must still be filed electronically; but (b) it is not necessary for bundles of authorities to be filed electronically if hard copies are tendered; (c) hard copies of bundles of authorities must be tendered to the Registry at the same time as hard copies of written submissions; (d) parties are strongly encouraged to print hard copies on both sides of each page.

The written submissions must comply with the following requirements:

the written submissions must contain cross-references to the material which the party will be relying on, e.g., the relevant pages or paragraphs in authorities, the record of proceedings, affidavits, and the judgment under appeal; (b) all pages (including, where applicable, the cover page, table of contents, separator sheets and exhibit sheets) must be paginated such that the printed page numbers correspond to the page numbers in the soft copy Portable Document Format (PDF) version that is filed through the Electronic Filing Service, and the page number must be inserted at the top right hand corner of the page; (c) except for content reproduced from case authorities, textbook or other commentaries, other documents filed in Court, and extracts of transcripts, which may be in Times New Roman 10 or its equivalent, the minimum font size to be used must be Times New Roman 12 or its equivalent; (d) the print of every page must be double-spaced, except for: (i) cover pages and tables of contents; (ii) paragraph and section headings or sub-headings; (iii) content reproduced from case authorities, textbook or other commentaries, \ and other documents filed in Court; and (iv) extracts of transcripts, which may be single-spaced; and (e) every page must have a margin on all 4 sides, each of at least 35mm in width; and (f) parties are strongly encouraged to print hard copies on both sides of each page.

Subject to any written law prescribing timelines for the filing of written submissions in criminal matters to which this paragraph applies, and any Court directions:

For matters heard by the Court of Appeal:&x20; (i) The appellant’s (or applicant’s) written submissions, together with any bundle of authorities, must be filed by 4.00 p.m., on the Monday 5 weeks before the start of the sitting period of the Court of Appeal within which the appeal or matter is scheduled for hearing, regardless of the actual day (within that sitting period) on which the appeal or matter is scheduled for hearing. (For example, if the sitting period of the Court of Appeal starts on Monday, 12 October 2026 and ends on Friday, 23 October 2026, the appellant’s (or applicant’s) written submissions for an appeal or matter fixed in that sitting period must be filed by 4.00 p.m., on Monday, 7 September 2026.) (ii) The respondent’s written submissions, together with any bundle of authorities, must be filed by 4.00 p.m., on the Monday 3 weeks before the start of the sitting period of the Court of Appeal within which the appeal or matter is scheduled for hearing, regardless of the actual day (within that sitting period) on which the appeal or matter is scheduled for hearing. (For example, if the sitting period of the Court of Appeal starts on Monday, 12 October 2026 and ends on Friday, 23 October 2026, the respondent’s written submissions for an appeal or matter fixed in that sitting period must be filed by 4.00 p.m., on Monday, 21 September 2026.) (b) For matters heard by the General Division:&x20; (i) The appellant’s (or applicant’s) written submissions, together with any bundle of authorities, must be filed by 4.00 p.m., at least 21 days before the day of the hearing. (ii) The respondent’s written submissions, together with any bundle of authorities, must be filed by 4.00 p.m., at least 10 days before the day of the hearing.

Sub-paragraph (7) does not affect any directions issued before 1 June 2026, fixing or informing parties of the timelines for the filing of written submissions in any criminal matter to which this paragraph applies, unless otherwise directed by the Court.

Written submissions which do not comply with the requirements at sub-paragraphs (6) and (7) may be rejected.

For matters before the Court of Appeal, a soft copy of the bundle of authorities must be tendered in Portable Document Format (PDF) in a CD-ROM at the same time as when the written submissions under sub-paragraph (7)(a) are filed.

Where the Court of Appeal orders further written submissions to be filed for any criminal matter, such written submissions must not exceed 10 pages unless otherwise directed by the Court of Appeal. Any written submissions filed in breach of this requirement may be rejected. The written submissions must further comply with all formatting requirements prescribed in paragraph 167(6) of these Practice Directions.

&x20;Notwithstanding the provisions of paragraph 96 of these Practice Directions, in the event that a party is represented by more than one counsel in the conduct of appeals under this Part, junior assisting counsel are ordinarily expected to make part of the submissions at any oral hearing. &x20;

&x20;Lead counsel is to inform the Court at the start of the oral hearing which issues would be addressed by the lead counsel or the junior assisting counsel.

&x20;Unless otherwise directed by the Court,

&x20;counsel should ensure that he or she confines himself or herself to the issues to be addressed and that there is no overlap in the issues being dealt with by different counsel for the same party; and (b) &x20;counsel must not repeat, clarify or expand on any submissions that have been made by another counsel for the same party.

&x20;Nothing in this paragraph detracts from the responsibility of lead counsel to ensure that all counsel making submissions are adequately supervised and able to handle the tasks assigned to them.

This paragraph applies to:

all pending criminal matters before the Court of Appeal; and (b) all pending criminal matters before the General Division heard in the exercise of the General Division’s appellate or revisionary criminal jurisdiction.

For all pending matters to which this paragraph applies, permission of the Court of Appeal or the General Division (as the case may be) must be obtained if:

a party wishes to change counsel by discharging counsel and appointing new counsel; (b) a party wishes to discharge counsel and act in person; or (c) counsel wishes to cease to act for a party.

A request for permission under sub-paragraph (2) must be made in writing and filed using the Electronic Filing Service.

A request for permission under sub-paragraph (2) must contain the following information:

the reasons for the change, discharge or withdrawal of counsel (as the case may be), save that the request need not disclose information which is privileged; (b) for cases falling under sub-paragraph 2(c), whether the party has any objections to the withdrawal of counsel; (c) where a hearing date has been fixed or timelines have been given for the filing of any court documents, whether the party and any new counsel are prepared to proceed with the scheduled hearing and comply with the timelines for the filing of any court documents; and (d) if the party or any new counsel wishes to make a request for the refixing of the hearing or for an extension of the timelines for the filing of any court documents, the reasons for the request and the opposing party’s position on the request.

If permission is required under sub-paragraph (2), any document or notice filed by a party will not operate as an effective discharge, change or withdrawal of counsel (as the case may be) until such permission is obtained.