Part I Appeal to Court of Appeal in Criminal Cases

Supplementary

C131 Powers of Court under Part I which are exercisable by single judge.

F11

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;

F8aa

the power to give leave under section 14(4B) of the Criminal Appeal Act 1995;

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;

F2e

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.

F7i

to make orders under section 23(1)(a).

F42A

The power of the Court of Appeal to suspend a person’s disqualification under F5section 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.

F62B

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

F92C

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 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.