Regulation 11

where the applicant is represented by one or more advocates, an affidavit made by the advocate (if only one advocate is appointed), or a separate affidavit made by each advocate as the deponent or a joint affidavit made by all of the advocates as deponents (if more than one advocate is appointed), stating all of the following matters:

the date on which each advocate was instructed, and who instructed each advocate;

the reason why it is necessary to review the earlier decision of the appellate court;

the material (being evidence or legal arguments) that will be relied on in the review application;

the date on which the material mentioned in sub-paragraph (iii) was first obtained, regardless whether by the applicant or the advocate;

there is good reason why the material could not have been adduced in court earlier, at any stage of the proceedings in the criminal matter in respect of which the earlier decision was made;

the details of the reason mentioned in sub-paragraph (v);

the reason for the length of the interval of time between the date mentioned in sub-paragraph (iv) and the date on which the application for permission is filed;

whether any argument similar to those in the review application had been made previously by any person in any court and if so, whether the argument was dismissed by the court;

the details of every other application for permission, and every review application, made by the applicant (whether alone or together with any other person) with or without the involvement of any advocate (including the date and case number of such application, the order sought in such application, the decision of the court in such application, and whether there was any finding of abuse of process in such application);

that each advocate genuinely believes the review application to be of merit;

the reason why each advocate believes the review application to be of merit, including the reason why the advocate believes the legal arguments in the review application to be persuasive;

that each advocate is satisfied that the legal arguments that will be relied on in the review application are new, and were not dismissed by the appellate court during the proceedings in the criminal matter in respect of which the earlier decision was made;

that each advocate is aware of the consequences of making any false statement in the affidavit;

where the applicant is not represented by an advocate, an affidavit made by the applicant stating all of the following matters:

the reason why it is necessary to review the earlier decision of the appellate court;

the material (being evidence or legal arguments) that will be relied on in the review application;

the date on which the applicant first obtained the material mentioned in sub-paragraph (ii);

there is good reason why the material could not have been adduced in court earlier, at any stage of the proceedings in the criminal matter in respect of which the earlier decision was made;

the details of the reason mentioned in sub-paragraph (iv);

the reason for the length of the interval of time between the date mentioned in sub-paragraph (iii) and the date on which the application for permission is filed;

the details of every other application for permission, and every review application, made by the applicant (whether alone or together with any other person) with or without the involvement of any advocate (including the date and case number of such application, the order sought in such application, the decision of the court in such application, and whether there was any finding of abuse of process in such application);

whether the applicant is or was assisted by any person or organisation in the commencement, continuation or conduct of the application for permission or the review application and if so, who provided the assistance and the manner of assistance provided;

any other affidavit in support of the application for permission.

the details of every application for PACC permission, and every PACC application, made by the applicant (whether alone or together with any other person) with or without the involvement of any advocate (including the date and case number of such application, the order sought in such application, the decision of the court in such application, and whether there was any finding of abuse of process in such application);

the details of —

every application (other than an application mentioned in sub-paragraph (a) or paragraph (2)(a)(ix) or (b)(vii)) made by the applicant (whether alone or together with any other person) on or after 28 June 2024; and

every action filed by the applicant (whether alone or together with any other person) on or after 28 June 2024,with or without the involvement of any advocate, in relation to which the appellate court has found that the applicant had abused the process of the court in order to delay or frustrate the carrying out of the sentence of death (including the date and case number of such application or action, the order sought in such application or action, and the decision of the appellate court in such application or action).

an applicant was not represented by any advocate when the application for permission was filed, and appoints one or more advocates to represent the applicant in the application for permission after the filing.

all of the matters mentioned in paragraph (2)(a)(i) to (xiii) and (where applicable) paragraph (2A)(a) and (b); and

the date of appointment of the advocate or advocates.

within 3 days after that application is filed and served on the respondent; and

where paragraphs (5), (6) and (7) apply —

if the affidavit of the advocate or the joint affidavit made by all of the advocates (as the case may be) is filed and served on the respondent, or all the separate affidavits made by each advocate are filed and served on the respondent at the same time — within 3 days after the affidavit or affidavits (as the case may be) is or are filed and served on the respondent; or

if more than one affidavit of any kind mentioned in paragraph (6) is filed and served on the respondent at different times — within 3 days after each affidavit is filed and served on the respondent.