Part 7

Trials on indictment without a jury

Appeals
47
1
An appeal shall lie to the Court of Appeal from an order under section 46(3) or (5).
2
Such an appeal may be brought only with the leave of the judge or the Court of Appeal.
3
An order from which an appeal under this section lies is not to take effect—
a
before the expiration of the period for bringing an appeal under this section, or
b
if such an appeal is brought, before the appeal is finally disposed of or abandoned.
4
On the termination of the hearing of an appeal under this section, the Court of Appeal may confirm or revoke the order.
5
Subject to rules of court made under section 53(1) of the Supreme Court Act 1981 (c. 54) (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—
a
the jurisdiction of the Court of Appeal under this section is to be exercised by the criminal division of that court, and
b
references in this section to the Court of Appeal are to be construed as references to that division.
6
In section 33(1) of the Criminal Appeal Act 1968 (c. 19) (right of appeal to House of Lords) after “1996” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.
7
In section 36 of that Act (bail on appeal by defendant) after “hearings)” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.
8
The Secretary of State may make an order containing provision, in relation to proceedings before the Court of Appeal under this section, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal Act 1968 (subject to any specified modifications).
S. 47 wholly in force at 24.7.2006, see s. 336(3) and S.I. 2006/1835, art. 2 (subject to art. 3)