Part I Appeal to Court of Appeal in Criminal Cases

Supplementary

C131 Powers of Court F7...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;

F10aza

the powers under sections 51 and 52 of the Criminal Justice Act 2003 as they are exercisable in relation to appeals to the criminal division of the Court of Appeal and preliminary and incidental proceedings;

F15aa

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;

F14ca

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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;

F3g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;

h

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

F13i

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

F82ZA

The power of the Court of Appeal to renew an interim hospital order made by them by virtue of any provision of this Part may be exercised by a single judge in the same manner as it may be exercised by the Court.

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.

F122D

The power of the Court of Appeal to grant leave to appeal under section 9(11) of the Criminal Justice Act 1987 may be exercised by a single judge in the same manner as it may be exercised by the Court.

F122E

The power of the Court of Appeal to grant leave to appeal under section 35(1) of the Criminal Procedure and Investigations Act 1996 may be exercised by a single judge in the same manner as it may be exercised by the Court.

F112F

The powers of the Court of Appeal to make, discharge or vary a witness anonymity order under Chapter 2 of Part 3 of the Coroners and Justice Act 2009 may be exercised by a single judge in the same manner as they 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.