Page:Online Criminal Harms Act 2023.pdf/37

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ONLINE CRIMINAL HARMS
37


(2) A Reviewing Tribunal may at any stage in the appeal proceedings, and without calling for a defence, dismiss an appeal made to or before it if the Reviewing Tribunal is satisfied that—

(a) the appellant is not a person entitled to appeal under section 15 (in the case of a Part 2 direction) or 34 (in the case of a Part 6 order);
(b) the bringing of the appeal is or the proceedings of the appeal are frivolous or vexatious, and for this purpose the Reviewing Tribunal may take into account whether the appellant has habitually and persistently, and without any reasonable ground, made vexatious appeals to any Reviewing Tribunal; or
(c) the appellant has, without reasonable excuse, failed to comply with the time delimited by any provision of rules made under section 44 for the submission of any notice, document or other information in the appeal proceedings, or with any direction of the Reviewing Tribunal under those rules.

(3) Subject to the rules made under section 44, every Reviewing Tribunal is entitled to determine its own procedure in relation to any appeal under section 18 or 37 made to or before the Reviewing Tribunal.

Rules for Reviewing Tribunal proceedings

44.—(1) Rules may be made by the Minister to prescribe the practice and procedure to be followed on, or in connection with, the hearing or consideration of any proceedings or appeal (including, where applicable, the mode and burden of proof and the admissibility of evidence) before a Reviewing Tribunal.

(2) In particular, the rules made under subsection (1) may include—

(a) requiring persons making an appeal to take such preliminary steps, and to make such disclosures, as may be specified in the rules for the purpose of facilitating a