Criminal Appeal Act 1968

Part II E+W Appeal to House of Lords from Court of Appeal (Criminal Division)

The appeal E+W

33 Right of appeal to [F1 Supreme Court] . E+W

(1) An appeal lies to the [F2 Supreme 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 [F3 or Part 9 of the Criminal Justice Act 2003] [F4 or section 9 (preparatory hearings) of the Criminal Justice Act 1987] [F5 or section 35 of the Criminal Procedure and Investigations Act 1996] [F6 or section 47 of the Criminal Justice Act 2003].

F7 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 (1B) An appeal lies to the [F9 Supreme 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 [F10 the 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 [F10 the Supreme Court] (as the case may be) that the point is one which ought to be considered by [F10 the 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

F1 Words 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)

F2 Words 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)

F3 Words 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))

F4 Words added by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 3

F5 Words 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

F6 Words 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)

F7 S. 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)

F8 S. 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))

F9 Words 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)

F10 Words 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)

F11 S. 33(3) inserted by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 5 para. 1

F12 S. 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)

C1 S. 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.

C2 S. 33(3) restricted (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 22 para. 14(4)

C3 S. 33(3) restricted (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 274(6), 336(2)

C4 S. 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)

C5 S. 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)

C6 S. 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))

C7 S. 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))

C8 S. 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

34 Application for leave to appeal. E+W

(1) An application to the Court of Appeal for leave to appeal to the [F13 Supreme Court] shall be made within the period of [F14 28] days beginning with the [F15 relevant date]; and an application to the [F13 Supreme Court] for leave shall be made within the period of [F16 28] 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 [F18 Court of Appeal] gives reasons for its decision.]

(2) The [F13 Supreme Court] or the Court of Appeal may, upon application made at any time by the defendant [F19 or, 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 [F20 the Supreme Court or the Court of Appeal] under subsection (1) above.

(3) An appeal to the [F13 Supreme 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

F13 Words 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)

F14 Words 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)

F15 Words 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)

F16 Words 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)

F17 S. 34(1A) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(6), 110(1); S.I. 2005/910, art. 3(v)

F18 Words 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)

F19 Words 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))

F20 Words 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)

35 Hearing and disposal of appeal. E+W

F21 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purpose of disposing of an appeal, the [F22 Supreme Court] may exercise any powers of the Court of Appeal or may remit the case to the Court.

Textual Amendments

F21 S. 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)

F22 Words 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)

Matters preliminary to hearing E+W

36 Bail on appeal by defendant. E+W

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 [F24 Supreme Court], [F25 other than a person appealing or applying for leave to appeal from a decision on an appeal under [F26 Part 9 of the Criminal Justice Act 2003 or] section 9(11) of the Criminal Justice Act 1987 [F27 or section 35 of the Criminal Procedure and Investigations Act 1996] (appeals against orders or rulings at preparatory hearings),] [F28 or section 47 of the Criminal Justice Act 2003 ] [F29 grant him] bail pending the determination of his appeal.

Textual Amendments

F23 Words 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.

F24 Words 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)

F25 Words inserted by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 4

F26 Words 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))

F27 Words 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

F28 Words 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)

F29 Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 43

37 Detention of defendant on appeal by the Crown. E+W

(1) The following provisions apply where, immediately after a decision of the Court of Appeal from which an appeal lies to the [F30 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 be detained, the Court of Appeal [F31 shall 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 [F33 subsection (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 [F34 subsection (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 [F35 Part 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 [F34 subsection (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 [F35 the 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 [F38 subsection (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 [F39 section 36 of the Mental Health Act 1983] or an interim hospital order under [F39 section 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) [F39 Part 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

F30 Words 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)

F31 Words 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)

F32 S. 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)

F33 Words 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)

F34 Words 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)

F35 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 23(g)

F36 S. 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)

F37 S. 37(4A) inserted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 3 para. 39(a)

F38 Words 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)

F39 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 23(h)

F40 S. 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)

C9 S. 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

[F41 37A Continuation of community treatment order on appeal by the Crown E+W

(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

F41 S. 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.)

38 Presence of defendant at hearing. E+W

A defendant who [F42 has 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 [F43 Supreme 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 [F43 Supreme Court] authorises him to be present, or where the [F43 Supreme Court] or the Court of Appeal, as the case may be, give him leave to be present.

Textual Amendments

F42 Words 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))

F43 Words 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)

39—41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44 E+W

Textual Amendments

F44 Ss. 24–28, 39–41 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

Supplementary E+W

42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45 E+W

Textual Amendments

F45 S. 42 repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123, 170, Sch. 8 para. 16, Sch. 16

43 Effect of appeal on sentence. E+W

(1) Where a person subject to a sentence is [F46 granted] bail under section 36 or 37 of this Act, the time during which he is [F46 released 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 [F47 the Supreme Court] in substitution for another sentence shall, unless [F47 the 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

F46 Word substituted by Bail Act 1976 (c. 63), Sch. 2 para. 44

F47 Words 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)

44 Powers of Court of Appeal under Part II which are exercisable by single judge. E+W

[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 M1 Prosecution 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 [F50 section 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

F48 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 31

F49 S. 44(2) added by Road Traffic Act 1974 (c. 50), Sch. 6 para. 11

F50 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 4(2)

F51 S. 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)

C10 S. 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

M1 1985 c.23 (39:1).

[F52 44A Appeals in cases of death. E+W

(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 [F53 or 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

F52 S. 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)

F53 Words 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)