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Appeal to House of Lords in Criminal Cases

1Right of appeal

(1)Subject to the provisions of this section, an appeal shall lie to the House of Lords, at the instance of the defendant or the prosecutor.—

(a)from any decision of a Divisional Court of the Queen's Bench Division in a criminal cause or matter;

(b)from any decision of the Court of Criminal Appeal on an appeal to that court.

(2)No appeal shall lie under this section except with the leave of the court below or of the House of Lords; and such leave shall not be granted unless it is certified by the court below that a point of law of general public importance is involved in the decision and it appears to that court or to the House of Lords, as the case may be, that the point is one which ought to be considered by that House.

(3)Section five of the Appellate Jurisdiction Act, 1876 (which regulates the composition of the House of Lords for the hearing and determination of appeals) shall apply to the hearing and determination of an appeal or application for leave to appeal under this section as it applies to the hearing and determination of an appeal under that Act; and any order of that House which provides for the hearing of such applications by a committee constituted in accordance with the said section five may direct that the decision of that committee shall be taken on behalf of the House.

(4)For the purpose of disposing of an appeal under this section the House of Lords may exercise any powers of the court below or may remit the case to that court.

(5)In this Act, unless the context otherwise requires, " leave to appeal" means leave to appeal to the House of Lords under this section.