Part II

Appeal to House of Lords from Court of Appeal (Criminal Division)

Supplementary

Powers of Court of Appeal under Part II which are exercisable by single judge.
44
1
There may be exercised by a single judge—
a
the powers of the Court of Appeal under this Part of the Act—
i
to extend the time for making an application for leave to appeal;
ii
to make an order for or in relation to bail; and
iii
to give leave for a person to be present at the hearing of any proceedings preliminary or incidental to an appeal; and
b
their powers to make orders for the payment of costs under sections 16 and 17 of the
Prosecution of Offences Act 1985 in proceedings under this Part of this Act
,
but where the judge refuses an application to exercise any of the said powers the applicant shall be entitled to have the application determined by the Court of Appeal.
2
The power of the Court of Appeal to suspend a person’s disqualification under
section 40(3) of the Road Traffic Offenders Act 1988
may be exercised by a single judge, but where the judge refuses an application to exercise that power the applicant shall be entitled to have the application determined by the Court of Appeal.
3
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, but where the judge refuses an application to exercise that power the applicant shall be entitled to have the application determined by the Court of Appeal.
S. 44 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)
Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 31
1985 c.23
(
39:1
).
S. 44(2) added by Road Traffic Act 1974 (c. 50), Sch. 6 para. 11
Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 4(2)
S. 44(3) inserted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 41 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)