Criminal Appeal Act 1968

Changes over time for: Section 31

Version Superseded: 24/03/2022

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Criminal Appeal Act 1968, Section 31 is up to date with all changes known to be in force on or before 15 July 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.

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31 Powers of Court F1...which are exercisable by single judge.E+W

[F2(1)There may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions—

(a)the powers of the Court of Appeal under this Part of this Act specified in subsection (2) below;

[F3(aza)the powers under section 51 of the Criminal Justice Act 2003 as they are exercisable in relation to appeals to the criminal division of the Court of Appeal and preliminary and incidental proceedings;]

[F4(aa)the power to give leave under section 14(4B) of the Criminal Appeal Act 1995;]

(b)the power to give directions under section 4(4) of the Sexual Offences (Amendment) Act 1976; and

(c)the powers to make orders for the payment of costs under sections 16 to 18 of the Prosecution of Offences Act 1985 in proceedings under this Part of this Act.

(2)The powers mentioned in subsection (1)(a) above] are the following:—

(a)to give leave to appeal;

(b)to extend the time within which notice of appeal or of application for leave to appeal may be given;

(c)to allow an appellant to be present at any proceedings;

[F5[F6(ca)to give a live link direction under section 22(4);]]

(d)to order a witness to attend for examination;

[F7(e)to exercise the powers conferred by section 19 of this Act;]

(f)to make orders under section 8(2) of this Act and discharge or vary such orders;

F8(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;

(h)to give directions under section 29(1) of this Act;

[F9(i)to make orders under section 23(1)(a).]

[F10(2ZA)The power of the Court of Appeal to renew an interim hospital order made by them by virtue of any provision of this Part may be exercised by a single judge in the same manner as it may be exercised by the Court.]

[F11(2A)The power of the Court of Appeal to suspend a person’s disqualification under [F12section 40(2) of the Road Traffic Offenders Act 1988] may be exercised by a single judge in the same manner as it may be exercised by the Court.]

[F13(2B)The power of the Court of Appeal to grant leave of appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court]

[F14(2C)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 in the same manner as it may be exercised by the Court.]

[F15(2D)The power of the Court of Appeal to grant leave to appeal under section 9(11) of the Criminal Justice Act 1987 may be exercised by a single judge in the same manner as it may be exercised by the Court.]

[F15(2E)The power of the Court of Appeal to grant leave to appeal under section 35(1) of the Criminal Procedure and Investigations Act 1996 may be exercised by a single judge in the same manner as it may be exercised by the Court.]

[F16(2F)The powers of the Court of Appeal to make, discharge or vary a witness anonymity order under Chapter 2 of Part 3 of the Coroners and Justice Act 2009 may be exercised by a single judge in the same manner as they may be exercised by the Court.]

(3)If the single judge refuses an application on the part of an appellant to exercise in his favour any of the powers above specified, the appellant shall be entitled to have the application determined by the Court of Appeal.

Textual Amendments

F1Words in s. 31 heading repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 11(2), Sch. 28 Pt. 3; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 26, 50(3)(a)

F2S. 31(1)(2) substituted for s. 31(1)(2) (to and including the word “powers” in s. 31(2)) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 29

F3S. 31(1)(aza) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 9(4)(a) (with ss. 88-90)

F4S. 31(1)(aa) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 87; S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (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))