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Criminal Justice Act 2003

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Changes over time for: Section 274

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Version Superseded: 01/10/2009

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Point in time view as at 06/04/2007. This version of this provision has been superseded. Help about Status

Changes to legislation:

Criminal Justice Act 2003, Section 274 is up to date with all changes known to be in force on or before 27 February 2025. 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. Help about Changes to Legislation

274Further provisions about references relating to transferred life prisonersE+W

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(1)A reference to the High Court under section 273 is to be determined by a single judge of that court without an oral hearing.

(2)In relation to a reference under that section, any reference to “the court” in subsections (2) to (5) of section 269, in Schedule 21 or in section 82A(2) to (4) of the Sentencing Act is to be read as a reference to the High Court.

(3)A person in respect of whom a reference has been made under section 273 may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the High Court on the reference.

(4)Section 1(1) of the Administration of Justice Act 1960 (c. 65) (appeal to House of Lords from decision of High Court in a criminal cause or matter) and section 18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusion of appeal from High Court to Court of Appeal in a criminal cause or matter) do not apply in relation to a decision to which subsection (3) applies.

(5)The jurisdiction conferred on the Court of Appeal by subsection (3) is to be exercised by the criminal division of that court.

(6)Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from criminal division of Court of Appeal) does not prevent an appeal to the House of Lords under this section.

(7)In relation to appeals to the Court of Appeal or the House of Lords under this section, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications).

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