(1)An application to the Court of Appeal for leave to appeal to the [F1Supreme Court] shall be made within the period of [F228] days beginning with the [F3relevant date]; and an application to the [F1Supreme Court] for leave shall be made within the period of [F428] days beginning with the date on which the application for leave is refused by the Court of Appeal.
[F5(1A)In subsection (1), “the relevant date” means—
(a)the date of the Court of Appeal’s decision, or
(b)if later, the date on which the [F6Court of Appeal] gives reasons for its decision.]
(2)The [F1Supreme Court] or the Court of Appeal may, upon application made at any time by the defendant [F7or, in the case of an appeal under section 33(1B), by the prosecutor], extend the time within which an application may be made by him to [F8the Supreme Court or the Court of Appeal] under subsection (1) above.
(3)An appeal to the [F1Supreme Court] shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and for purposes of this Part of this Act an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.
Textual Amendments
F1Words in s. 34 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 16(4)(a); S.I. 2009/1604, art. 2(d)
F2Words in s. 34(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(4)(5)(a), 110(1); S.I. 2005/910, art. 3(v)
F3Words in s. 34(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(4)(5)(b), 110(1); S.I. 2005/910, art. 3(v)
F4Words in s. 34(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss.88(4)(5)(b), 110(1); S.I. 2005/910, art. 3(v)
F5S. 34(1A) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(6), 110(1); S.I. 2005/910, art. 3(v)
F6Words in s. 34(1A)(b) substituted (1.10.2009) by virtue of Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 80(2)(c); S.I. 2009/1604, art. 2(d)
F7Words in s. 34(2) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 81(4), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (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))
F8Words in s. 34(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 16(4)(c); S.I. 2009/1604, art. 2(d)