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Criminal Justice Act 2003, Section 81 is up to date with all changes known to be in force on or before 27 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The Criminal Appeal Act 1968 (c. 19) is amended as follows.
(2)In section 33 (right of appeal to [F1Supreme Court]), after subsection (1A) there is inserted—
“(1B)An appeal lies to the [F1Supreme Court] , at the instance of the acquitted person or the prosecutor, from any decision of the Court of Appeal on an application under section 76(1) or (2) of the Criminal Justice Act 2003 (retrial for serious offences).”
(3)At the end of that section there is inserted—
“(4)In relation to an appeal under subsection (1B), references in this Part to a defendant are references to the acquitted person.”
(4)In section 34(2) (extension of time for leave to appeal), after “defendant” there is inserted “ or, in the case of an appeal under section 33(1B), by the prosecutor ”.
(5)In section 38 (presence of defendant at hearing), for “has been convicted of an offence and” substitute “ has been convicted of an offence, or in whose case an order under section 77 of the Criminal Justice Act 2003 or a declaration under section 77(4) of that Act has been made, and who ”.
Textual Amendments
F1Words in s. 81(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148, Sch. 9 para. 82(4); S.I. 2009/1604, art. 2(d)
Commencement Information
I1S. 81 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)
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