Part II Appeal to House of Lords from Court of Appeal (Criminal Division)
The appeal
34 Application for leave to appeal.
(1)
An application to the Court of Appeal for leave to appeal to the House of Lords shall be made within the period of F128 days beginning with the F2relevant date; and an application to the House of Lords for leave shall be made within the period of F128 days beginning with the date on which the application for leave is refused by the Court of Appeal.
F3(1A)
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 Court gives reasons for its decision.
(2)
The House of Lords or the Court of Appeal may, upon application made at any time by the defendant F4or, 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.
(3)
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.