The Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005

PART 3 Appeal to the House of Lords from Court of Appeal

Right of appeal to the House of Lords

12.—(1) An appeal lies to the House of Lords(1) at the instance of the defendant or the prosecutor, from any decision of the Court of Appeal on an appeal to that court under paragraph 14(1) of Schedule 22 to the 2003 Act.

(2) The appeal lies only with the leave of the Court of Appeal or the House of Lords; 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 the House of Lords (as the case may be) that the point is one which ought to be considered by that House.

Application for leave to appeal

13.—(1) An application to the Court of Appeal for leave to appeal to the House of Lords shall be made within 28 days beginning with the date on which the Court of Appeal gives reasons for the decision which is the subject of the appeal; and an application to the House of Lords for leave shall be made within 28 days beginning with the date on which the application for leave is refused by the Court of Appeal.

(2) The House of Lords or the Court of Appeal may, upon application made at any time by the appellant, extend the time within which an application may be made by him to that House or the Court under paragraph (1).

(3) An appeal to the House of Lords 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 the purposes of this Order 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.

Hearing and disposal of appeal

14.—(1) An appeal under this Part of this Order shall not be heard and determined by the House of Lords unless there are present at least three of the persons designated Lords of Appeal by section 5 of the Appellate Jurisdiction Act 1876(2).

(2) Any order of the House of Lords which provides for the hearing of applications for leave to appeal by a committee constituted in accordance with section 5 of the Act of 1876 may direct that the decision of that committee shall be taken on behalf of the House.

(3) For the purpose of disposing of an appeal, the House of Lords may exercise any powers of the Court of Appeal or may remit the case to the Court.

Presence of defendant at hearing

15.  A defendant who is in custody shall not be entitled to be present on the hearing of an appeal to the House of Lords under this Order or of any proceedings preliminary or incidental thereto, except where an order of the House of Lords authorises him to be present, or where the House of Lords or the Court of Appeal, as the case may be, give him leave to be present.

Powers of Court of Appeal under Part 3 which are exercisable by single judge

16.—(1) There may be exercised by a single judge the powers of the Court of Appeal—

(a) to extend the time for making an application for leave to appeal under article 13(2); and

(b) to give leave for a person to be present at the hearing of any proceedings preliminary or incidental to an appeal under article 15,

but where the judge refuses an application to exercise any of the powers specified in paragraph (1), the applicant shall be entitled to have the application determined by the Court of Appeal.

(1)

The appellate jurisdiction of the House of Lords under the Criminal Appeal Act 1968 c. 19 will be transferred to the Supreme Court following commencement on a date to be appointed under section 40(4) of, and paragraph 16 of Schedule 9 to, the Constitutional Reform Act 2005 c. 4.

(2)

1876 c. 59.