Court of Appeal has two divisions: Civil Division and Criminal division
An Act to consolidate certain enactments relating to appeals in criminal cases to the criminal division of the Court of Appeal, and thence to the House of Lords[ Now Supreme Court].
The right of appeal from the order of Crown Court.
(1)Subject to subsection (3) below a person convicted of an offence on indictment may appeal to the Court of Appeal against his conviction.
(2)An appeal under this section lies only—
(a)with the leave of the Court of Appeal; or
(b)if, within 28 days from the date of the conviction, the judge of the court of trial grants a certificate that the case is fit for appeal.
(3)Where a person is convicted before the Crown Court of a scheduled offence it shall not be open to him to appeal to the Court of Appeal against the conviction on the ground that the decision of the court which sent him to the Crown Court for trial as to the value involved was mistaken.
(4)In subsection (3) above “scheduled offence” and “the value involved” have the same meanings as they have in section 22 of the Magistrates’ Courts Act 1980 (certain offences against property to be tried summarily if value of property or damage is small).
Granting Bail.
(1)The Court of Appeal may, subject to section 25 of the Criminal Justice and Public Order Act 1994,] if they think fit,—
(a)grant an appellant bail pending the determination of his appeal; or
(b)revoke bail granted to an appellant by the Crown Court under paragraph (f) of section 81(1) of the Senior Courts Act 1981 or paragraph (a) above; or
(c)vary the conditions of bail granted to an appellant in the exercise of the power conferred by either of those paragraphs.
(2)The powers conferred by subsection (1) above may be exercised—
(a)on the application of an appellant; or
(b)if it appears to the registrar of criminal appeals of the Court of Appeal (hereafter referred to as “the registrar”) that any of them ought to be exercised, on a reference to the court by him.
Transcripts.
(1)Rules of court may provide—
(a)for the making of a record (whether by means of shorthand notes, by mechanical means or otherwise) of any proceedings in respect of which an appeal lies (with or without leave) to the Court of Appeal; and
(b)for the making and verification of a transcript of any such record and for supplying the transcript (on payment of such charge, if any, as may be fixed for the time being by the Treasury) to the registrar for the use of the Court of Appeal or any judge exercising the powers of a judge of the Court, and to such other persons and in such circumstances as may be prescribed by the rules.
(2)Without prejudice to subsection (1) above, the Secretary of State may, if he thinks fit, in any case direct that a transcript shall be made of any such record made in pursuance of the rules and be supplied to him.
(3)The cost—
(a)of making any such record in pursuance of the rules; and
(b)of making and supplying in pursuance of this section any transcript ordered to be supplied to the registrar or the Secretary of State,shall be defrayed, in accordance with scales of payment fixed for the time being by the Treasury, out of moneys provided by Parliament; and the cost of providing and installing at a court any equipment required for the purpose of making such a record or transcript shall also be defrayed out of moneys so provided.
Appeal to Supreme Court from Court of Appeal (Criminal Division) The appeal
33 Right of appeal to Supreme Court .
(1)An appeal lies to the Supreme Court, 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 or Part 9 of the Criminal Justice Act 2003 or section 9 (preparatory hearings) of the Criminal Justice Act 1987 or section 35 of the Criminal Procedure and Investigations Act 1996 or section 47 of the Criminal Justice Act 2003.
(1B)An appeal lies to the Supreme Court, at the instance of the acquitted person or the prosecutor, from any decision of the Court of Appeal on an application under section 76(1) or (2) of the Criminal Justice Act 2003 (retrial for serious offences).
(2)The appeal lies only with the leave of the Court of Appeal or the Supreme Court]; and leave shall not be granted unless it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision and it appears to the Court of Appeal or the Supreme Court (as the case may be) that the point is one which ought to be considered bythe Supreme Court.
(3)Except as provided by this Part of this Act and section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court), no appeal shall lie from any decision of the criminal division of the Court of Appeal.
[F146(4)In relation to an appeal under subsection (1B), references in this Part to a defendant are references to the acquitted person.
