3.—(1) In this Part and Part 3 “the registrar” means the registrar of Criminal Appeals of the Court of Appeal.
(2) References in this Part and Part 3 to the Court of Appeal are to the criminal division of the Court of Appeal.
(3) References in this Part and Part 3 to a single judge are to any judge of the Court of Appeal or of the High Court.
(4) In this Part “appeal” means an appeal under section 74(8) of the Act.
(5) In Part 3 “appeal” means an appeal under that Part.
4.—(1) Subject to paragraph (2), where on an appeal under section 74(8) of the Act the Court of Appeal determine to allow the appeal, they may—
(a)in a case where the Crown Court has substituted a sentence under section 74(5) or (6) of the Act vary that substituted sentence; or
(b)in a case where the Crown Court has not so substituted a sentence, vary the sentence to which the referral under section 74(3) of the Act relates.
(2) Subject to paragraph (3), the Court of Appeal must not exercise their powers under paragraph (1) so that the sentence imposed on the offender exceeds the sentence that the Crown Court would have passed but for the agreement to give assistance.
(3) If the offender falls within section 74(2)(c) of the Act and the Crown Court does not substitute a sentence under section 74(6), the Court of Appeal must not so exercise their powers under paragraph (1) that the offender is dealt with more severely than he was originally dealt with for the offence, the sentence for which the referral under section 74(3) of the Act relates.
5.—(1) An offender or specified prosecutor who wishes to obtain the leave of the Court of Appeal to appeal to that Court shall give notice in writing of the application for leave to appeal.
(2) Notice of application for leave to appeal shall be given within 28 days from the date of the decision of the Crown Court under section 74 of the Act.
(3) The time for giving notice under this article may be extended, either before or after it expires, by the Court of Appeal.
6.—(1) The Court of Appeal may, subject to section 25 of the Criminal Justice and Public Order Act 1994(1), if they think fit—
(a)grant the offender bail, subject to any conditions, if any, as they think fit, pending the determination of his appeal;
(b)revoke bail granted under sub-paragraph (a); or
(c)vary the conditions of bail granted under sub-paragraph (a).
(2) The powers conferred by paragraph (1) may be exercised—
(a)on the application of the offender; or
(b)if it appears to the registrar that any of them ought to be exercised, on a reference by him to the Court of Appeal.
7. The registrar shall—
(a)take all necessary steps for obtaining a hearing of any appeal or application of which notice is given to him; and
(b)obtain and lay before the Court of Appeal in proper form all documents, exhibits and other things which appear necessary for the proper determination of the appeal or application.
8.—(1) Except as provided by this article, an offender shall be entitled to be present, if he wishes it, on the hearing of the appeal, although he may be in custody.
(2) An offender in custody shall not be entitled to be present—
(a)where the appeal is on some ground involving a question of law alone;
(b)on an application by him or the specified prosecutor for leave to appeal;
(c)on any proceedings preliminary or incidental to an appeal; or
(d)on an application to the Court of Appeal under article 11(3);
unless the Court of Appeal give him leave to be present.
(3) The powers of the Court of Appeal to vary the offender’s sentence may be exercised although he is for any reason not present.
9.—(1) For the purposes of an appeal the Court of Appeal may, if they think it necessary or expedient in the interests of justice—
(a)order the production of any document, exhibit or other thing connected with the proceedings, the production of which appears to them necessary for the determination of the case;
(b)order any witness who would have been a compellable witness in the proceedings under section 74 of the Act to attend for examination and be examined before the Court, whether or not he was called in those proceedings; and
(c)receive any evidence which was not adduced in the proceedings under section 74 of the Act.
(2) The Court of Appeal shall, in considering whether to receive evidence, have regard in particular to—
(a)whether the evidence appears to the Court to be capable of belief;
(b)whether it appears to the Court that the evidence may afford any ground for allowing the appeal;
(c)whether the evidence would have been admissible in the proceedings under section 74 of the Act on an issue which is the subject of the appeal; and
(d)whether there is a reasonable explanation for the failure to adduce the evidence in those proceedings.
(3) Sub-paragraph (1)(c) applies to any evidence of a witness (including the offender) who is competent but not compellable.
10.—(1) The time during which an offender is in custody pending the determination of his appeal shall, subject to any direction which the Court of Appeal may give to the contrary, be reckoned as part of the term of the sentence to which he is for the time being subject.
(2) Where the Court of Appeal give a contrary direction under paragraph (1) they—
(a)shall state their reasons for doing so; and
(b)shall not give any such direction where leave to appeal has been granted.
(3) When the offender is granted bail under article 6, the time during which he is released on bail shall be disregarded in computing the term of any sentence to which he is for the time being subject.
11.—(1) There may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions—
(a)the powers of the Court of Appeal under this Part specified in paragraph (2); and
(b)the power to give leave under section 74(8) of the Act.
(2) The powers referred to in sub-paragraph (1)(a) are—
(a)to extend time within which notice of application for leave to appeal may be given;
(b)to allow the offender to be present at the proceedings;
(c)to order a witness to attend for examination;
(d)to exercise the powers conferred by article 6 (bail);
(e)to make orders under article 9(1)(a) (production of documents etc.); and
(f)to give directions under article 10(1) (effect of appeal on sentence).
(3) If the single judge refuses an application on the part of an offender, or as the case may be, a specified prosecutor, to exercise any of the powers conferred on the judge by this article, the offender or specified prosecutor shall be entitled to have the application determined by the Court of Appeal.
12.—(1) The powers of the Court of Appeal under this Part which are specified in paragraph (2) may be exercised by the registrar.
(2) The powers mentioned in paragraph (1) are—
(a)to extend the time within which notice of application for leave to appeal may be given;
(b)to order a witness to attend for examination;
(c)to vary the conditions of bail granted to an offender by the Court of Appeal; and
(d)to make orders under article 9(1)(a) (production of documents etc.).
(3) Subject to paragraph (4), the powers specified are to be exercised by the registrar in the same manner as the Court of Appeal and subject to the same provisions.
(4) No variation of the conditions of bail granted to an offender may be made by the registrar unless he is satisfied that the specified prosecutor does not object to the variation.
(5) If the registrar refuses an application on the part of an offender, or as the case may be, a specified prosecutor, to exercise any of the powers conferred on the registrar by this article, the offender or specified prosecutor shall be entitled to have the application determined by a single judge.
13.—(1) The power of the Court of Appeal to determine an application for procedural directions may be exercised by—
(a)a single judge; or
(b)the registrar.
(2) “Procedural directions” means directions for the efficient and effective preparation of—
(a)an application for leave to appeal; or
(b)an appeal.
(3) A single judge may give such procedural directions as he thinks fit—
(a)when acting under paragraph (1);
(b)on a reference from the registrar; or
(c)of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal.
(4) The registrar may give such procedural directions as he thinks fit—
(a)when acting under paragraph (1); or
(b)of his own motion.
14.—(1) Paragraph (2) applies if a single judge gives, or refuses to give, procedural directions.
(2) The Court of Appeal may, on an application to them under paragraph (5)—
(a)confirm, set aside or vary any procedural directions given by the single judge, and
(b)give such procedural directions as they think fit.
(3) Paragraph (4) applies if the registrar gives, or refuses to give, procedural directions.
(4) A single judge may, on an application to him under paragraph (5)—
(a)confirm, set aside or vary any procedural directions given by the registrar, and
(b)give such procedural directions as he thinks fit.
(5) An application under this paragraph may be made by the offender or the specified prosecutor.
1994 c. 33. Section 25 has been amended by section 56 of the Crime and Disorder Act 1998 (c. 37), section 139 of, and paragraph 32(1) and (2) of Schedule 6 to, the Sexual Offences Act 2003 (c. 42), sections 304 and 332 of, paragraph 67 of Schedule 32 to, and Part 7 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), section 165(1) of, and paragraph 160 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) and section 5 of, and paragraph 93(2) of Schedule 4 to, the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40).