An appeal lies to the House of Lords, 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 F7or Part 9 of the Criminal Justice Act 2003F1or section 9 (preparatory hearings) of the Criminal Justice Act 1987F2or section 35 of the Criminal Procedure and Investigations Act 1996.

In subsection (1) above the reference to the prosecutor includes a reference to the Director of the Assets Recovery Agency in a case where (and to the extent that) he is a party to the appeal to the Court of Appeal.

An appeal lies to the House of Lords, 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).

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.

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.

In relation to an appeal under subsection (1B), references in this Part to a defendant are references to the acquitted person.

An application to the Court of Appeal for leave to appeal to the House of Lords shall be made within the period of F628 days beginning with the F11relevant date; and an application to the House of Lords for leave shall be made within the period of F628 days beginning with the date on which the application for leave is refused by the Court of Appeal.

The House of Lords or the Court of Appeal may, upon application made at any time by the defendant F10or, 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 that House or the Court under subsection (1) above.

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 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.

An appeal under this Part of this Act 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 M1Appellate Jurisdiction Act 1876.

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 said Act of 1876 may direct that the decision of that committee shall be taken on behalf of the House.

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.