Part I

Appeal to Court of Appeal in Criminal Cases

The hearing

Power to order investigations.
23A
1
On an appeal against conviction
or an application for leave to appeal against conviction,
the Court of Appeal may direct the Criminal Cases Review Commission to investigate and report to the Court on any matter if it appears to the Court that—
a
in the case of an appeal,
the matter is relevant to the determination of the
appeal
and ought, if possible, to be resolved before the
appeal
is determined;
aa
in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;
b
an investigation of the matter by the Commission is likely to result in the Court being able to resolve it; and
c
the matter cannot be resolved by the Court without an investigation by the Commission.
1A
A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 31 of this Act.
2
A direction by the Court of Appeal under subsection (1) above shall be given in writing and shall specify the matter to be investigated.
3
Copies of such a direction shall be made available to the appellant and the respondent.
4
Where the Commission have reported to the Court of Appeal on any matter which they have been directed under subsection (1) above to investigate, the Court—
a
shall notify the appellant and the respondent that the Commission have reported; and
b
may make available to the appellant and the respondent the report of the Commission and any statements, opinions and reports which accompanied it.
5
In this section “
respondent
” includes a person who will be a respondent if leave to appeal is granted.
S. 23A inserted (31.3.1997) by 1995 c. 35, s. 5(1); S.I. 1997/402, art. 3(a) (with art. 4)
S. 23A(5) inserted (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 313(6), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(a) (with art. 3(3))
Words in s. 23A(1) inserted (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 313(2), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(a) (with art. 3(3))
S. 23A(1)(aa) inserted (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 313(4), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(a) (with art. 3(3))
Words in s. 23A(1)(a) substituted (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 313(3)(b), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(a) (with art. 3(3))
S. 23A(1A) inserted (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 313(5), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(a) (with art. 3(3))
Words in s. 23A(1)(a) inserted (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 313(3)(a), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(a) (with art. 3(3))