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

The appeal

33 Right of appeal to F14Supreme Court .

1

An appeal lies to the F5Supreme 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 F20or 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 1996F8or section 47 of the Criminal Justice Act 2003.

F211A

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F131B

An appeal lies to the F9Supreme 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 F16the 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 F16the Supreme Court (as the case may be) that the point is one which ought to be considered by F16the Supreme Court.

C1C3C6C5C7C4C2C8F33

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.

F64

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

34 Application for leave to appeal.

1

An application to the Court of Appeal for leave to appeal to the F4Supreme Court shall be made within the period of F1028 days beginning with the F22relevant date; and an application to the F4Supreme Court for leave shall be made within the period of F1528 days beginning with the date on which the application for leave is refused by the Court of Appeal.

F71A

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 F18Court of Appeal gives reasons for its decision.

2

The F4Supreme Court or the Court of Appeal may, upon application made at any time by the defendant F17or, 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 F12the Supreme Court or the Court of Appeal under subsection (1) above.

3

An appeal to the F4Supreme 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.

35 Hearing and disposal of appeal.

F111

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F112

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3

For the purpose of disposing of an appeal, the F19Supreme Court may exercise any powers of the Court of Appeal or may remit the case to the Court.