31 Right of appeal to House of Lords.U.K.
(1)Subject to the provisions of this Part of this Act, an appeal lies to the House of Lords, 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 [F1or Article 8 (preparatory hearings) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988][F2or Part IV of the Criminal Justice (Northern Ireland) Order 2004 (prosecution appeals)].
[F3(1A)In subsection (1) above the reference to the prosecutor includes a reference to the Director of the Assets Recovery Agency in a case where (and to the extent that) he is a party to the appeal to the Court of Appeal.]
(2)No appeal lies under this Part of this Act except with the leave of the Court or of the House of Lords; and such leave shall not be granted unless it is certified by the Court that a point of law of general public importance is involved in the decision and it appears to the Court or to the House of Lords (as the case may be) that the point is one which ought to be considered by that House.
[F4(3)In this Part of this Act “the defendant”—
(a)in relation to an appeal under subsection (1) above against a decision of the Court on an appeal under Part 1 of this Act, means the person who was the appellant before the Court;
(b)in relation to an appeal under subsection (1) above against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court;
(c)in relation to an appeal under subsection (1B) above, shall be construed in accordance with subsection (4) below;
and, subject to subsection (1A) above, “prosecutor” shall be construed accordingly.]
Textual Amendments
F1Words added by S.I. 1988/1846 (N.I. 16), art. 12, Sch. para. 5(2)
F2Words in s. 31(1) inserted (N.I) (18.4.2005) by The Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I. 9)), art. 27(3); S.R. 2005/243, art. 2
F3S. 31(1A) inserted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456, 458(1)(3), Sch. 11 para. 9(3); S.I. 2003/333, art. 2, Sch (subject to arts. 3-10) (as amended by S.I. 2003/531, arts. 3, 4)
F4S. 31(3) substituted (18.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 94; S.I. 2005/950, art. 3(2)(c)