- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Criminal Appeal Act 1968, Part II is up to date with all changes known to be in force on or before 03 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)An appeal lies to the [F2Supreme Court], at the instance of the defendant or the prosecutor, from any decision of the Court of Appeal on an appeal to that court under Part I of this Act [F3or Part 9 of the Criminal Justice Act 2003] [F4or section 9 (preparatory hearings) of the Criminal Justice Act 1987] [F5or section 35 of the Criminal Procedure and Investigations Act 1996] [F6or section 47 of the Criminal Justice Act 2003].
F7(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8(1B)An appeal lies to the [F9Supreme Court], at the instance of the acquitted person or the prosecutor, from any decision of the Court of Appeal on an application under section 76(1) or (2) of the Criminal Justice Act 2003 (retrial for serious offences).]
(2)The appeal lies only with the leave of the Court of Appeal or [F10the Supreme Court]; and leave shall not be granted unless it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision and it appears to the Court of Appeal or [F10the Supreme Court] (as the case may be) that the point is one which ought to be considered by [F10the Supreme Court].
[F11(3)Except as provided by this Part of this Act and section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court), no appeal shall lie from any decision of the criminal division of the Court of Appeal.]
[F12(4)In relation to an appeal under subsection (1B), references in this Part to a defendant are references to the acquitted person.]
Textual Amendments
F1Words in s. 33(1) and sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 16(3)(a); S.I. 2009/1604, art. 2(d)
F2Words in s. 33(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 16(3)(a); S.I. 2009/1604, art. 2(d)
F3Words in s. 33(1) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 68(1), 336(3), (4); S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F4Words added by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 3
F5Words in s. 33(1) inserted (4.7.1996 but with effect on 15.4.1997 as mentioned in s. 28) by 1996 c. 25, ss. 28, 36 (with s. 76(1)); S.I. 1997/1019, art. 4
F6Words in s. 33(1) inserted (24.7.2006) by Criminal Justice Act 2003 (c. 44), ss. 47(6), 336(3)(4) (with s. 48(4)); S.I. 2006/1835, art. 2(e)
F7S. 33(1A) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 144, Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
F8S. 33(1B) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 81(2), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F9Words in s. 33(1B) substituted (1.10.2009) by virtue of Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 82(4); S.I. 2009/1604, art. 2(d)
F10Words in s. 33(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 16(3)(b); S.I. 2009/1604, art. 2(d)
F11S. 33(3) inserted by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 5 para. 1
F12S. 33(4) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 81(3), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
Modifications etc. (not altering text)
C1S. 33(3) restricted (30.12.2002 for certain purposes, 24.3.2003 otherwise) by Proceeds of Crime Act 2002 (c. 29), ss. 90(1), 458(1); S.I. 2002/3015, art. 2, Sch.; S.I. 2003/333, art. 2, Sch.
C2S. 33(3) restricted (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 22 para. 14(4)
C3S. 33(3) restricted (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 274(6), 336(2)
C4S. 33(3) restricted (31.12.2005) by The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 2005 (S.I. 2005/3180), arts. 1(1), 34(1)
C5S. 33(3) restricted (1.1.2006) by The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (S.I. 2005/3181), arts. 1, 48(1)
C6S. 33(3) restricted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 74(9), 178(8); S.I. 2006/378, art. 5(1) (with art. 5(2))
C7S. 33(3) restricted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 24(12), 94(1); S.I. 2008/755, art. 15(1)(e) (with art. 15(2)(3))
C8S. 33(3) excluded (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 389(2), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
(1)An application to the Court of Appeal for leave to appeal to the [F13Supreme Court] shall be made within the period of [F1428] days beginning with the [F15relevant date]; and an application to the [F13Supreme Court] for leave shall be made within the period of [F1628] days beginning with the date on which the application for leave is refused by the Court of Appeal.
[F17(1A)In subsection (1), “the relevant date” means—
(a)the date of the Court of Appeal’s decision, or
(b)if later, the date on which the [F18Court of Appeal] gives reasons for its decision.]
(2)The [F13Supreme Court] or the Court of Appeal may, upon application made at any time by the defendant [F19or, in the case of an appeal under section 33(1B), by the prosecutor], extend the time within which an application may be made by him to [F20the Supreme Court or the Court of Appeal] under subsection (1) above.
(3)An appeal to the [F13Supreme Court] shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and for purposes of this Part of this Act an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.
Textual Amendments
F13Words in s. 34 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 16(4)(a); S.I. 2009/1604, art. 2(d)
F14Words in s. 34(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(4)(5)(a), 110(1); S.I. 2005/910, art. 3(v)
F15Words in s. 34(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(4)(5)(b), 110(1); S.I. 2005/910, art. 3(v)
F16Words in s. 34(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss.88(4)(5)(b), 110(1); S.I. 2005/910, art. 3(v)
F17S. 34(1A) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(6), 110(1); S.I. 2005/910, art. 3(v)
F18Words in s. 34(1A)(b) substituted (1.10.2009) by virtue of Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 80(2)(c); S.I. 2009/1604, art. 2(d)
F19Words in s. 34(2) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 81(4), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F20Words in s. 34(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 16(4)(c); S.I. 2009/1604, art. 2(d)
F21(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)For the purpose of disposing of an appeal, the [F22Supreme Court] may exercise any powers of the Court of Appeal or may remit the case to the Court.
Textual Amendments
F21S. 35(1)(2) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 16(5)(a), Sch. 18 Pt. 5; S.I. 2009/1604, art. 2(d)(f)
F22Words in s. 35(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 16(5)(b); S.I. 2009/1604, art. 2(d)
The Court of Appeal may[F23, subject to section 25 of the Criminal Justice and Public Order Act 1994,] if it seems fit, on the application of a person appealing or applying for leave to appeal to the [F24Supreme Court], [F25other than a person appealing or applying for leave to appeal from a decision on an appeal under [F26Part 9 of the Criminal Justice Act 2003 or] section 9(11) of the Criminal Justice Act 1987 [F27or section 35 of the Criminal Procedure and Investigations Act 1996] (appeals against orders or rulings at preparatory hearings),] [F28or section 47 of the Criminal Justice Act 2003 ] [F29grant him] bail pending the determination of his appeal.
Textual Amendments
F23Words in s. 36 inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 23; S.I. 1995/721, art. 2, Sch.
F24Words in s. 36 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 16(6); S.I. 2009/1604, art. 2(d)
F25Words inserted by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 4
F26Words in s. 36 inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 68(2), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F27Words in s. 36 inserted (4.7.1996 but with effect on 15.4.1997 as mentioned in s. 28) by 1996 c. 25, ss. 28, 36 (with s. 78(1)); S.I. 1997/1019, art. 4
F28Words in s. 36 inserted (24.7.2006) by Criminal Justice Act 2003 (c. 44), ss. 47(7), 336(3), (4) (with s. 48(4)); S.I. 2006/1835, art. 2(e)
F29Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 43
(1)The following provisions apply where, immediately after a decision of the Court of Appeal from which an appeal lies to the [F30Supreme Court], the prosecutor is granted or gives notice that he intends to apply for, leave to appeal.
(2)If, but for the decision of the Court of Appeal, the defendant would be liable to be detained, the Court of Appeal [F31shall make—
(a)an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by the Court as under section 36 above), so long as the appeal is pending, or
(b)an order that he be released without bail.]
[F32(2A)The Court may make an order under subsection (2)(b) only if they think that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.]
(3)An order under [F33subsection (2)(a)] shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the defendant would have been liable to be detained but for the decision of the Court of Appeal.
(4)Where an order is made under [F34subsection (2)(a)] in the case of a defendant who, but for the decision of the Court of Appeal, would be liable to be detained in pursuance of—
(a)an order or direction under [F35Part III of the Mental Health Act 1983 (otherwise than under section 35, 36 or 38 of that Act)] (admission to hospital of persons convicted by criminal courts); or
[F36(b)a hospital order made by virtue of section 5(2)(a) of the Criminal Procedure (Insanity) Act 1964 (powers to deal with persons not guilty by reason of insanity or unfit to plead etc),]
the order under [F34subsection (2)(a)] shall be one authorising his continued detention in pursuance of the order or direction referred to in paragraph (a) or (b) of this subsection; and the provisions of [F35the Mental Health Act 1983] with respect to persons liable to be detained as mentioned in this subsection (including provisions as to the renewal of authority for detention and the removal or discharge of patients) shall apply accordingly.
[F37(4A)Where an order is made under [F38subsection (2)(a)] in the case of a defendant who, but for the decision of the Court of Appeal, would be liable to be detained in pursuance of a remand under [F39section 36 of the Mental Health Act 1983] or an interim hospital order under [F39section 38] of that Act, the order may, if the Court of Appeal thinks fit, be one authorising his continued detention in a hospital or mental nursing home and in that event—
(a)subsection (3) of this section shall not apply to the order;
(b)[F39Part III of the said Act of 1983] shall apply to him as if he had been ordered under this section to be detained in custody so long as an appeal to the House of Lords is pending and were detained in pursuance of a transfer direction together with a restriction direction; and
(c)if the defendant, having been subject to an interim hospital order, is detained by virtue of this subsection and the appeal by the prosecutor succeeds, subsection (2) of the said section 31 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order.]
[F40(5)The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if—
(a)the Court of Appeal have made an order under subsection (2)(b), or
(b)the Court have made an order under subsection (2)(a) but the order has ceased to have effect by virtue of subsection (3) or the defendant has been released or discharged by virtue of subsection (4) or (4A).]
Textual Amendments
F30Words in s. 37 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 16(6); S.I. 2009/1604, art. 2(d)
F31Words in s. 37(2) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 13(2); S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 paras. 7 14)
F32S. 37(2A) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 13(3); S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 paras. 7 14)
F33Words in s. 37(3) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 13(4); S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 paras. 7 14)
F34Words in s. 37(4) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 13(5); S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 paras. 7 14)
F35Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 23(g)
F36S. 37(4)(b) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 5 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(g)
F37S. 37(4A) inserted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 3 para. 39(a)
F38Words in s. 37(4A) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 13(6); S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 paras. 7 14)
F39Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 23(h)
F40S. 37(5) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 13(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 paras. 7 14)
Modifications etc. (not altering text)
C9S. 37 modified (14.7.2008) by The Criminal Justice and Immigration Act 2008 (Transitory Provisions) Order 2008 (S.I. 2008/1587), arts. 1(1), 5
(1)The following provisions apply where, immediately after a decision of the Court of Appeal from which an appeal lies to the Supreme Court, the prosecutor is granted, or gives notice that he intends to apply for, leave to appeal.
(2)If, but for the decision of the Court of Appeal, the defendant would be liable to recall, the Court of Appeal may make an order under this section.
(3)For the purposes of this section, a person is liable to recall if he is subject to a community treatment order (within the meaning of the Mental Health Act 1983) and, when that order was made, he was liable to be detained in pursuance of an order or direction under Part 3 of that Act.
(4)An order under this section is an order providing for the continuation of the community treatment order and the order or direction under Part 3 of that Act so long as an appeal to the Supreme Court is pending.
(5)Where an order is made under this section the provisions of the Mental Health Act 1983 with respect to persons liable to recall (including provisions as to the extension of the community treatment period, the removal or discharge of community patients, the revocation of community treatment orders and the re-detention of patients following revocation) shall apply accordingly.
(6)An order under this section shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the defendant would, but for the decision of the Court of Appeal, have been—
(a)liable to recall; or
(b)where the community treatment order is revoked, liable to be detained in pursuance of the order or direction under Part 3 of the Mental Health Act 1983.
(7)Where the Court of Appeal have power to make an order under this section, and either no such order is made or the defendant is discharged, by virtue of subsection (5) or (6) of this section, before the appeal is disposed of, the defendant shall not be liable to be again detained as the result of the decision of the Supreme Court on the appeal.]
Textual Amendments
F41S. 37A inserted (3.11.2008) by Mental Health Act 2007 (c. 12), s. 56(1), Sch. 4 para. 2(3); S.I. 2008/1900, art. 2(i) (with art. 3 Sch.)
A defendant who [F42has been convicted of an offence, or in whose case an order under section 77 of the Criminal Justice Act 2003 or a declaration under section 77(4) of that Act has been made, and who] is detained pending an appeal to the [F43Supreme Court] shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto, except where an order of the [F43Supreme Court] authorises him to be present, or where the [F43Supreme Court] or the Court of Appeal, as the case may be, give him leave to be present.
Textual Amendments
F42Words in s. 38 substitued (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 81(5), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F43Words in s. 38 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 16(7); S.I. 2009/1604, art. 2(d)
Textual Amendments
F44Ss. 24–28, 39–41 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
Textual Amendments
F45S. 42 repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123, 170, Sch. 8 para. 16, Sch. 16
(1)Where a person subject to a sentence is [F46granted] bail under section 36 or 37 of this Act, the time during which he is [F46released on bail] shall be disregarded in computing the term of his sentence.
(2)Subject to the foregoing subsection, any sentence passed on an appeal to [F47the Supreme Court] in substitution for another sentence shall, unless [F47the Supreme Court] or the Court of Appeal otherwise direct, begin to run from the time when the other sentence would have begun to run.
Textual Amendments
F46Word substituted by Bail Act 1976 (c. 63), Sch. 2 para. 44
F47Words in s. 43 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 16(8); S.I. 2009/1604, art. 2(d)
[F48(1)There may be exercised by a single judge—
(a)the powers of the Court of Appeal under this Part of the Act—
(i)to extend the time for making an application for leave to appeal;
(ii)to make an order for or in relation to bail; and
(iii)to give leave for a person to be present at the hearing of any proceedings preliminary or incidental to an appeal; and
(b)their powers to make orders for the payment of costs under sections 16 and 17 of the M1Prosecution of Offences Act 1985 in proceedings under this Part of this Act],
but where the judge refuses an application to exercise any of the said powers the applicant shall be entitled to have the application determined by the Court of Appeal.
[F49(2)The power of the Court of Appeal to suspend a person’s disqualification under [F50section 40(3) of the Road Traffic Offenders Act 1988] may be exercised by a single judge, but where the judge refuses an application to exercise that power the applicant shall be entitled to have the application determined by the Court of Appeal.]
[F51(3)The power of the Court of Appeal, under section 130 of the Licensing Act 2003, to suspend an order under section 129 of that Act may be exercised by a single judge, but where the judge refuses an application to exercise that power the applicant shall be entitled to have the application determined by the Court of Appeal.]
Textual Amendments
F48Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 31
F49S. 44(2) added by Road Traffic Act 1974 (c. 50), Sch. 6 para. 11
F50Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 4(2)
F51S. 44(3) inserted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 41 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)
Modifications etc. (not altering text)
C10S. 44 restricted (11.1.1995) by 1981 c. 54, s. 9(6A) (as inserted (11.1.1995) by 1994 c. 33, s. 52(5); S.I. 1994/3258, art. 2)
Marginal Citations
(1)Where a person has died—
(a)any relevant appeal which might have been begun by him had he remained alive may be begun by a person approved by the Court of Appeal; and
(b)where any relevant appeal was begun by him while he was alive or is begun in relation to his case by virtue of paragraph (a) above or by a reference by the Criminal Cases Review Commission, any further step which might have been taken by him in connection with the appeal if he were alive may be taken by a person so approved.
(2)In this section “relevant appeal” means—
(a)an appeal under section 1, 9, 12 or 15 of this Act; or
(b)an appeal under section 33 of this Act from any decision of the Court of Appeal on an appeal under any of those sections.
(3)Approval for the purposes of this section may only be given to—
(a)the widow or widower [F53or surviving civil partner] of the dead person;
(b)a person who is the personal representative (within the meaning of section 55(1)(xi) of the Administration of Estates Act 1925) of the dead person; or
(c)any other person appearing to the Court of Appeal to have, by reason of a family or similar relationship with the dead person, a substantial financial or other interest in the determination of a relevant appeal relating to him.
(4)Except in the case of an appeal begun by a reference by the Criminal Cases Review Commission, an application for such approval may not be made after the end of the period of one year beginning with the date of death.
(5)Where this section applies, any reference in this Act to the appellant shall, where appropriate, be construed as being or including a reference to the person approved under this section.
(6)The power of the Court of Appeal to approve a person under this section may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions; but if the single judge refuses the application, the applicant shall be entitled to have the application determined by the Court of Appeal.]
Textual Amendments
F52S. 44A inserted (1.1.1996 for specified purposes and otherwise 31.3.1997) by 1995 c. 35, s. 7(1); S.I. 1995/3061, art. 3(b) (with art. 4); S.I. 1997/402, art. 3(a) (with art. 4)
F53Words in s. 44A(3)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 26; S.I. 2005/3175, art. 2(2)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys