PART 63APPEAL TO THE CROWN COURT

Constitution of the Crown Court63.10

On the hearing of an appeal—

a

the general rule is that the Crown Court must comprise—

i

a judge of the High Court, a Circuit judge or a Recorder, and

ii

no less than two and no more than four justices of the peace, none of whom took part in the decision under appeal; and

b

if the appeal is from a youth court—

i

each justice of the peace must be qualified to sit as a member of a youth court, and

ii

the Crown Court must include a man and a woman; but

c

the Crown Court may include only one justice of the peace and need not include both a man and a woman if—

i

the presiding judge decides that otherwise the start of the appeal hearing will be delayed unreasonably, or

ii

one or more of the justices of the peace who started hearing the appeal is absent.

[Note. See sections 73 and 74 of the Senior Courts Act 1981500, section 45 of the Children and Young Persons Act 1933501 and section 9 of the Courts Act 2003502.]