PART 6

DISCLOSURE

Appeals

Appeals
153
1
The prosecutor may appeal to the High Court against—
a
the making of a section 145 order under section 145(7),
b
the making of a section 146 order,
c
the making of a restricted notification order,
d
the making of a non-attendance order,
e
the refusal of an application for a non-notification order,
f
the refusal of an application for an exclusion order, or
g
the refusal of an application for a section 145 order.
2
The accused may appeal to the High Court against the making of—
a
an exclusion order under section 144(4),
b
a section 145 order,
c
a section 146 order, or
d
a non-attendance order.
3
The Secretary of State may appeal to the High Court against—
a
the making of a section 146 order under section 146(11),
b
the refusal of an application for a restricted notification order,
c
the refusal of an application for a non-attendance order, or
d
the refusal of an application for a section 146 order.
4
If special counsel was appointed in relation to an application for a non-notification order, special counsel may appeal to the High Court against the making of—
a
the non-notification order, or
b
a section 145 order in relation to the same item of information.
5
If special counsel was appointed in relation to an application for a restricted notification order, special counsel may appeal to the High Court against the making of—
a
the restricted notification order, or
b
a section 146 order in relation to the same item of information.
6
An appeal must be lodged not later than 7 days after the decision appealed against.
7
The prosecutor is entitled to be heard in any appeal under this section.
8
The accused is entitled to be heard in an appeal under—
a
subsection (1)(a) or (g) or (2)(b) unless—
i
a non-notification order has been made, or
ii
an exclusion order has been made,
b
subsection (1)(b), (2)(c) or (3)(a) or (d) unless—
i
a restricted notification order has been made, or
ii
a non-attendance order has been made,
c
subsection (1)(d), (2)(d) or (3)(c) unless the court, on the application of the Secretary of State, excludes the accused from the hearing,
d
subsection (1)(f) or (2)(a) unless the court, on the application of the prosecutor excludes the accused from the hearing.
9
The Secretary of State is entitled to be heard in an appeal under subsection (1)(b), (c) or (d), (2)(c) or (d) or (5).
10
In this section—
- “accused” includes appellant or, where the order relates to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies,
- “appellant” has the meaning given by section 132.