(1)This section relates to the criminal division of the Court of Appeal; and in this section “court” means a court of that division.
(2)[F1Subject to subsection (6),]a court shall be duly constituted for the purpose of exercising any of its jurisdiction if it consists of an uneven number of judges not less than three.
(3)Where—
(a)part of any proceedings before a court has been heard by an uneven number of judges greater than three; and
(b)one or more members of the court are unable to continue,
the court shall remain duly constituted for the purpose of those proceedings so long as the number of members (whether even or uneven) is not reduced to less than three.
(4)[F1Subject to subsection (6),]a court shall, if it consists of two judges, be duly constituted for every purpose except—
(a)determining an appeal against—
(i)conviction; or
(ii)a verdict of not guilty by reason of insanity; or
(iii)a finding F2... under section 4 of the M1Criminal Procedure (Insanity) Act 1964 (unfitness to plead) that a person is under a disability;
[F3(aa)reviewing sentencing under Part IV of the Criminal Justice Act 1988;]
(b)determining an application for leave to appeal to the [F4Supreme Court]; and
(c)refusing an application for leave to appeal to the criminal division against conviction or any such verdict or finding as is mentioned in paragraph (a)(ii) or (iii), other than an application which has been refused by a single judge.
(5)Where an appeal has been heard by a court consisting of an even number of judges and the members of the court are equally divided, the case shall be re-argued before and determined by an uneven number of judges not less than three.
[F5(6)A court shall not be duly constituted if it includes more than one Circuit judge acting as a judge of the court under section 9.]
Textual Amendments
F1Words in s. 55(2)(4) inserted (11.1.1995) by 1994 c. 33, s. 52(7)(a); S.I. 1994/3258, art.2
F2Words in s. 55(4)(a)(iii) repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1)(2), 60, Sch. 10 para. 14, Sch. 11; S.I. 2005/579, art. 3(i)(v)
F3S. 55(4)(aa) added by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170(1), Sch. 8 para. 16, Sch. 15 para. 80
F4Words in s. 55(4)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148(1), Sch. 9 para. 36(5); S.I. 2009/1604, art. 2(d)
F5S. 55(6) inserted (11.1.1995) by 1994 c. 33, s. 52(7)(b); S.I. 1994/3258, art.2
Marginal Citations