Part I

Appeal to Court of Appeal in Criminal Cases

Supplementary

Powers of Court ...which are exercisable by single judge.
31
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 of this Act specified in subsection (2) below;
aza
the powers under sections
51
and
52
of the Criminal Justice Act 2003 as they are exercisable in relation to appeals to the criminal division of the Court of Appeal and preliminary and incidental proceedings;
aa
the power to give leave under section 14(4B) of the Criminal Appeal Act 1995;
b
the power to give directions under section 4(4) of the Sexual Offences (Amendment) Act 1976; and
c
the powers to make orders for the payment of costs under sections 16 to 18 of the Prosecution of Offences Act 1985 in proceedings under this Part of this Act.
2
The powers mentioned in subsection (1)(a) above are the following:—
a
to give leave to appeal;
b
to extend the time within which notice of appeal or of application for leave to appeal may be given;
c
to allow an appellant to be present at any proceedings;
ca. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
to order a witness to attend for examination;
e
to exercise the powers conferred by section 19 of this Act;
f
to make orders under section 8(2) of this Act and discharge or vary such orders;
g. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;
h
to give directions under section 29(1) of this Act;
i
to make orders under section 23(1)(a).
2ZA
The power of the Court of Appeal to renew an interim hospital order made by them by virtue of any provision of this Part may be exercised by a single judge in the same manner as it may be exercised by the Court.
2A
The power of the Court of Appeal to suspend a person’s disqualification under
section 40(2) of the Road Traffic Offenders Act 1988
may be exercised by a single judge in the same manner as it may be exercised by the Court.
2B
The power of the Court of Appeal to grant leave of appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court
2C
The power of the Court of Appeal, under section 130 of the Licensing Act 2003, to suspend an order under section 129 of that Act may be exercised by a single judge in the same manner as it may be exercised by the Court.
2D
The power of the Court of Appeal to grant leave to appeal under section 9(11) of the Criminal Justice Act 1987 may be exercised by a single judge in the same manner as it may be exercised by the Court.
2E
The power of the Court of Appeal to grant leave to appeal under section 35(1) of the Criminal Procedure and Investigations Act 1996 may be exercised by a single judge in the same manner as it may be exercised by the Court.
2F
The powers of the Court of Appeal to make, discharge or vary a witness anonymity order under Chapter 2 of Part 3 of the Coroners and Justice Act 2009 may be exercised by a single judge in the same manner as they may be exercised by the Court.
3
If the single judge refuses an application on the part of an appellant to exercise in his favour any of the powers above specified, the appellant shall be entitled to have the application determined by the Court of Appeal.
S. 31 restricted (11.1.1995) by 1981 c. 54, s. 9(6A) (as inserted (11.1.1995) by 1994 c. 33, s. 52(5); S.I. 1994/3258, art. 2)
S. 31(1)(2) substituted for s. 31(1)(2) (to and including the word “powers” in s. 31(2)) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 29
S. 31(2)(e) substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 29(2)(c)
S. 31(2)(g) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
S. 31(2A) inserted by Road Traffic Act 1974 (c. 50), Sch. 6 para. 10
Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 4(1)
S. 31(2B) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 30 (with Sch. 8 para. 16)
Words in s. 31 heading repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 11(2), Sch. 28 Pt. 3; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 26, 50(3)(a)
S. 31(2ZA) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 9; S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 5)
S. 31(2C) inserted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 40 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)
S. 31(1)(aza) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 3(4)(a)
S. 31(2F) inserted (1.1.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(3)(b), Sch. 21 para. 69 (with s. 180)
S. 31(2D)(2E) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 11(3); S.I. 2008/1586, art. 2(1), Sch. 1 para. 26
S. 31(2)(i) inserted (1.5.2004) by Courts Act 2003 (c. 39), ss. 87(1), 110(1); S.I. 2004/1104, art. 3(b)
S. 31(2)(ca) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 3(4)(b)
S. 31(1)(aa) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 87; S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))