PART 36APPEAL TO THE COURT OF APPEAL: GENERAL RULES

When this Part appliesI136.1

1

This Part applies to all the applications, appeals and references to the Court of Appeal to which Parts 37, 38, 39, 40, 41 and 43 apply.

2

In this Part and in those, unless the context makes it clear that something different is meant ‘court’ means the Court of Appeal or any judge of that court.

[Note. See rule 2.2 for the usual meaning of ‘court’.

Under section 53 of the Senior Courts Act 1981862, the criminal division of the Court of Appeal exercises jurisdiction in the appeals and references to which Parts 37, 38, 39, 40 and 41 apply.

Under section 55 of that Act863, the Court of Appeal must include at least two judges, and for some purposes at least three.

For the powers of the Court of Appeal that may be exercised by one judge of that court or by the Registrar, see sections 31, 31A, 31B, 31C and 44 of the Criminal Appeal Act 1968864; section 49 of the Criminal Justice Act 2003865; the Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005866; the Serious Organised Crime and Police Act 2005 (Appeals under section 74) Order 2006867; the Serious Crime Act 2007 (Appeals under Section 24) Order 2008868; and the power conferred by section 53(4) of the 1981 Act.]