Criminal Procedure and Investigations Act 1996

Appeals E+W

35 Appeals to Court of Appeal. E+W

(1) An appeal shall lie to the Court of Appeal from any ruling of a judge under section 31(3), [F1 from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section F2 ... 44 of that Act which is made on the determination of such an application,] but only with the leave of the judge or of the Court of Appeal.

(2) The judge may continue a preparatory hearing notwithstanding that leave to appeal has been granted under subsection (1), but [F3 the preparatory hearing shall not be concluded] until after the appeal has been determined or abandoned.

(3) On the termination of the hearing of an appeal, the Court of Appeal may confirm, reverse or vary the decision appealed against.

(4) Subject to rules of court made under section 53(1) of the M1 [F4 Senior Courts Act 1981] (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—

(a) the jurisdiction of the Court of Appeal under subsection (1) above shall be exercised by the criminal division of the court;

(b) references in this Part to the Court of Appeal shall be construed as references to that division.

Textual Amendments

F1 Words in s. 35(1) inserted (24.7.2006 for certain purposes and otherwise prosp.) by Criminal Justice Act 2003 (c. 44), ss. 45(9), 336; S.I. 2006/1835, art. 2(c) (subject to art. 3)

F2 Words in s. 35(1) repealed (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 10 Pt. 10 (with s. 97)

F3 Words in s. 35(2) substituted (24.7.2006) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 69; S.I. 2006/1835, {art. 2h} (subject to art. 3)

F4 Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Modifications etc. (not altering text)

C1 S. 35(1) modified (8.1.2007) by Domestic Violence, Crime and Victims Act 2004 c. 28, ss. 18(5), 60 (with ss. 19(7) and 21(2)); S.I. 2006/3423, art. 2 (subject to art. 3)

Marginal Citations

M1 1981 c. 54.

36 Appeals to [F5 Supreme Court]. E+W

(1) In the M2 Criminal Appeal Act 1968, in—

(a) section 33(1) (right of appeal to House of Lords), and

(b) section 36 (bail),

after “1987” there shall be inserted “ or section 35 of the Criminal Procedure and Investigations Act 1996 ”.

(2) The judge may continue a preparatory hearing notwithstanding that leave to appeal has been granted under Part II of the Criminal Appeal Act 1968, but [F6 the preparatory hearing shall not be concluded] until after the appeal has been determined or abandoned.

Textual Amendments

F5 Words in s. 36 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 61(2); S.I. 2009/1604, art. 2(d)

F6 Words in s. 36(2) inserted (24.7.2006) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 70; S.I. 2006/1835, {art. 2h} (subject to art. 3)

Marginal Citations

M2 1968 c. 19.