Criminal Appeal Act 1968 (c. 19)

Part I E+W Appeal to Court of Appeal in Criminal Cases

Supplementary E+W

31 Powers of Court under Part I which are exercisable by single judge. E+W

[F1 (1) There may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions—

(a) the powers of the Court of Appeal under this Part of this Act specified in subsection (2) below;

(b) the power to give directions under section 4(4) of the Sexual Offences (Amendment) Act 1976; and

(c) the powers to make orders for the payment of costs under sections 16 to 18 of the Prosecution of Offences Act 1985 in proceedings under this Part of this Act.

(2) The powers mentioned in subsection (1)(a) above] are the following:—

(a) to give leave to appeal;

(b) to extend the time within which notice of appeal or of application for leave to appeal may be given;

(c) to allow an appellant to be present at any proceedings;

(d) to order a witness to attend for examination;

[F2 (e) to exercise the powers conferred by section 19 of this Act;]

(f) to make orders under section 8(2) of this Act and discharge or vary such orders;

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 ;

(h) to give directions under section 29(1) of this Act.

[F4 (2A) The power of the Court of Appeal to suspend a person’s disqualification under [F5 section 40(2) of the Road Traffic Offenders Act 1988] may be exercised by a single judge in the same manner as it may be exercised by the Court.]

[F6 (2B) The power of the Court of Appeal to grant leave of appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court]

(3) If the single judge refuses an application on the part of an appellant to exercise in his favour any of the powers above specified, the appellant shall be entitled to have the application determined by the Court of Appeal.

Textual Amendments

F1 S. 31(1)(2) substituted for s. 31(1)(2) (to and including the word “powers” in s. 31(2)) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 29

F2 S. 31(2)(e) substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 29(2)(c)

F3 S. 31(2)(g) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

F4 S. 31(2A) inserted by Road Traffic Act 1974 (c. 50), Sch. 6 para. 10

F5 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 4(1)

F6 S. 31(2B) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 30 (with Sch. 8 para. 16)

Modifications etc. (not altering text)

C1 S. 31 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)