Part 1Serious Crime Prevention Orders
Appeals
24Appeals from Crown Court
I21
An appeal against a decision of the Crown Court in relation to a serious crime prevention order may be made to the Court of Appeal by—
a
the person who is the subject of the order; or
b
the relevant applicant authority.
I22
In addition, an appeal may be made to the Court of Appeal in relation to a decision of the Crown Court—
a
to make a serious crime prevention order; or
b
to vary, or not to vary, such an order;
by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(4).
I23
Subject to subsection (4), an appeal under subsection (1) or (2) lies only with the leave of the Court of Appeal.
I24
An appeal under subsection (1) or (2) lies without the leave of the Court of Appeal if the judge who made the decision grants a certificate that the decision is fit for appeal under this section.
I25
Subject to any rules of court made under section 53(1) of the Senior Courts Act 1981 (c. 54) (distribution of business between civil and criminal divisions), the criminal division of the Court of Appeal is the division which is to exercise jurisdiction in relation to an appeal under subsection (1) or (2) from a decision of the Crown Court in the exercise of its jurisdiction in England and Wales under this Part.
I26
An appeal against a decision of the Court of Appeal on an appeal to that court under subsection (1) or (2) may be made to the Supreme Court by any person who was a party to the proceedings before the Court of Appeal.
I27
An appeal under subsection (6) lies only with the leave of the Court of Appeal or the Supreme Court.
I28
Such leave must not be granted unless—
a
it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision; and
b
it appears to the Court of Appeal or (as the case may be) the Supreme Court that the point is one which ought to be considered by the Supreme Court.
I19
The Secretary of State may for the purposes of this section by order make provision corresponding (subject to any specified modifications) to that made by or under an enactment and relating to—
a
appeals to the Court of Appeal under Part 1 of—
i
the Criminal Appeal Act 1968 (c. 19); or
ii
the Criminal Appeal (Northern Ireland) Act 1980 (c. 47);
b
appeals from any decision of the Court of Appeal on appeals falling within paragraph (a); or
c
any matter connected with or arising out of appeals falling within paragraph (a) or (b).
F19A
The power to make an order under subsection (9) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
I110
An order under subsection (9) may, in particular, make provision about the payment of costs.
I211
The power to make an appeal to the Court of Appeal under subsection (1)(a) operates instead of any power for the person who is the subject of the order to make an appeal against a decision of the Crown Court in relation to a serious crime prevention order by virtue of—
a
section 9 or 10 of the Criminal Appeal Act 1968; or
b
section 8 of the Criminal Appeal (Northern Ireland) Act 1980.
I212
Section 33(3) of the Criminal Appeal Act 1968 (limitation on appeal from criminal division of the Court of Appeal: England and Wales) does not prevent an appeal to the Supreme Court under subsection (6) above.