Appeal to House of Lords in Criminal Cases
C1C51F22Right of appeal.
C2C31
Subject to the provisions of this section, an appeal shall lie to the F38Supreme Court, at the instance of the defendant or the prosecutor,—
a
from any decision of F1the High Court in a criminal cause or matter;
F2b
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2
No appeal shall lie under this section except with the leave of the court below or of F39the Supreme Court; and such leave shall not be granted unless it is certified by the court below that a point of law of general public importance is involved in the decision and it appears to that court or to F39the Supreme Court, as the case may be, that the point is one which ought to be considered by F39the Supreme Court.
F403
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4
For the purpose of disposing of an appeal under this section the F41Supreme Court may exercise any powers of the court below or may remit the case to that court.
5
In this Act, unless the context otherwise requires, “leave to appeal” means leave to appeal to the F41Supreme Court under this section.
2F23Application for leave to appeal.
1
Subject to the provisions of this section, an application to the court below for leave to appeal shall be made within the period of F47fourteenF4728 days beginning with the F48date of the decision of that courtF48relevant date; and an application to the F43Supreme Court for such leave shall be made within the period of F49fourteenF4928 days beginning with the date on which the application is refused by the court below.
F281A
In subsection (1), “the relevant date” means—
a
the date of the decision of the court below, or
b
if later, the date on which that court gives reasons for its decision.
F32
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3
F303 Special provisions as to capital cases.
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4F24 Admission of appellant to bail.
1
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2
The power of the High Court under any enactment or rule of law to grant bail in connection with proceedings pending before F5 the High Court shall F6 , subject to section 25 of the Criminal Justice and Public Order Act 1994, include power to grant bail to F7 an appellant under section 1 of this Act, or a person applying for leave to appeal thereunder, pending the appeal ; and in relation to F8 the time and place of appearance appointed and any recognizance to be entered into F8 by any surety under section thirty-seven of the M1 Criminal Justice Act 1948 as applied by this subsection, any reference in that section to the judgment of the High Court shall be construed as a reference to the judgment of F44 the Supreme Court or, if the case is remitted by F44 the Supreme Court to the court below, to the judgment of that court on the case as so remitted.
3
C4 5 F25 Power to order detention or admission to bail of defendant.
1
Where the defendant in any proceedings from which an appeal lies under section one of this Act would, but for the decision of the court below, be liable to be detained, and immediately after that decision the prosecutor is granted, or gives notice that he intends to apply for, leave to appeal, the court F36shall make—
a
an order providing for the detention of the defendant, or directing that he shall not be released except on bail (which may be granted by the court as under section 4 above), so long as the appeal is pending, or
b
an order that the defendant be released without bail.
F311A
The court may make an order under subsection (1)(b) only if it thinks that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.
2
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3
An order under F33subsection (1)(a) of this section shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the defendant would have been liable to be detained but for the decision of the court below.
4
Any order made under F34the said subsection (1)(a) for the detention of a defendant who, but for the decision of the court below, would be liable to be detained in pursuance of an order or direction under F11Part III of the Mental Health Act 1983 (other than under section 35, 36, or 38) , shall be an order authorising his continued detention in pursuance of the order or direction under F11the said Part III , and the provisions of the said Act with respect to persons so liable (including provisions as to the renewal of authority for detention and the removal or discharge of patients) shall apply accordingly.
F124A
Where an order is made under F35 the said subsection (1)(a) in the case of a defendant who, but for the decision of the court below, would be liable to be detained in pursuance of an interim hospital order under F13section 38 of the Mental Health Act 1983, the order may, if the court thinks fit, be one authorising his continued detention in a hospital or mental nursing home and in that event–
a
subsection (3) of this section shall not apply to the order;
b
F13Part III of the said Act of 1983 shall apply as if he had been ordered under this section to be detained in custody so long as any appeal under section 1 of this Act is pending and were detained in pursuance of a transfer direction together with a restriction direction; and
c
if the defendant is detained by virtue of this subsection and the appeal by the prosecutor succeeds, subsection (2) of F13the said section 38 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order.
F325
The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if—
a
the court has made an order under subsection (1)(b), or
b
the court has made an order under subsection (1)(a) but the order has ceased to have effect by virtue of subsection (3) or the defendant has been released or discharged by virtue of subsection (4) or (4A).
F375APower to order continuation of community treatment order
1
Where the defendant in any proceedings from which an appeal lies under section 1 of this Act would, but for the decision of the court below, be liable to recall, and immediately after that decision the prosecutor is granted, or gives notice that he intends to apply for, leave to appeal, the court may make an order under this section.
2
For the purposes of this section, a person is liable to recall if he is subject to a community treatment order (within the meaning of the Mental Health Act 1983) and, when that order was made, he was liable to be detained in pursuance of an order or direction under Part 3 of that Act.
3
An order under this section is an order providing for the continuation of the community treatment order and the order or direction under Part 3 of that Act so long as any appeal under section 1 of this Act is pending.
4
Where the court makes an order under this section, the provisions of the Mental Health Act 1983 with respect to persons liable to recall (including provisions as to the extension of the community treatment period, the removal or discharge of community patients, the revocation of community treatment orders and the re-detention of patients following revocation) shall apply accordingly.
5
An order under this section shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the defendant would, but for the decision of the court below, have been—
a
liable to recall; or
b
where the community treatment order is revoked, liable to be detained in pursuance of the order or direction under Part 3 of the Mental Health Act 1983.
6
Where the court below has power to make an order under this section, and either no such order is made or the defendant is discharged by virtue of subsection (4) or (5) of this section before the appeal is disposed of, the defendant shall not be liable to be again detained as the result of the decision of the Supreme Court on the appeal.
6F26 Computation of sentence where bail granted.
1
2
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3
Subject to the foregoing provisions of this section, any sentence passed on an appeal under section one of this Act in substitution for another sentence shall, unless the F45Supreme Court or the court below otherwise directs, begin to run from the time when that other sentence would have begun to run.
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
9F27 Procedure.
1
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2
Subsection (4) of section thirty-seven of the Criminal Justice Act 1948 (which enables rules of court to be made with respect to the security given for the purposes of that section and the recommittal of persons admitted to bail thereunder) shall have effect as if references to that section included references to sections four and five of this Act so far as they relate to F18the High Court.
3
A defendant who is detained pending an appeal under section one of this Act shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto except where an order of F46the Supreme CourtF19authorisesF19or rules of court, as the case may be, authorise him to be present or where F46that House or the court below, as the case may be, gives him leave to be present.
4
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