(1)Section 23A of the Criminal Appeal Act 1968 (c. 19) (power to order investigations by Criminal Cases Review Commission) is amended as follows.
(2)In subsection (1) after “conviction” there is inserted “ or an application for leave to appeal against conviction, ”.
(3)In paragraph (a) of that subsection—
(a)at the beginning there is inserted “ in the case of an appeal, ”, and
(b)for “case”, in both places where it occurs, there is substituted “ appeal ”.
(4)After paragraph (a) of that subsection there is inserted—
“(aa)in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;”.
(5)After that subsection there is inserted—
“(1A)A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 31 of this Act.”
(6)After subsection (4) there is inserted—
“(5)In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.”
Commencement Information
I1S. 313 wholly in force at 1.9.2004, see s. 336(3) and S.I. 2004/1629, art. 3(1)(2) (subject to art. 3(3)(4))