(1)Subject to the provisions of this and the next following section, every appeal or reference to the Court of Appeal under this Act [F1or section 36 of the Criminal Justice Act 1988] and every matter preliminary or incidental to such appeal or reference shall be heard before three judges of the Court and shall, where necessary, be determined according to the opinion of the majority.
(2)Where the Lord Chief Justice so directs, any such appeal, reference or matter may be heard before two judges.
(3)Where in accordance with subsection (2) above an appeal, reference or matter is heard before two judges and those judges differ in opinion it shall be re-heard and determined by three judges.
(4)No judge of the Court shall sit as a judge on the hearing of, or shall determine any application in proceedings incidental or preliminary to—
(a)an appeal against a conviction before him or a sentence passed by him; or
(b)a reference to the Court under section F2. . . 15 of this Act [F3or section 36 of the Criminal Justice Act 1988] of any case or any point arising in any case tried before him.
Textual Amendments
F1Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 76(1)
F2Words in s. 44(4) repealed (31.3.1997) by 1995 c. 35, s. 29(2), Sch. 3; S.I. 1997/402, art. 3(f)
F3Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 76(2)