Part III Preparatory Hearings

Appeals

35 Appeals to Court of Appeal.

C11

An appeal shall lie to the Court of Appeal from any ruling of a judge under section 31(3), F1from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section F6... 44 of that Act which is made on the determination of such an application, but only with the leave of the judge or of the Court of Appeal.

2

The judge may continue a preparatory hearing notwithstanding that leave to appeal has been granted under subsection (1), but F2the preparatory hearing shall not be concluded until after the appeal has been determined or abandoned.

3

On the termination of the hearing of an appeal, the Court of Appeal may confirm, reverse or vary the decision appealed against.

4

Subject to rules of court made under section 53(1) of the M1F5Senior Courts Act 1981 (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 subsection (1) above shall be exercised by the criminal division of the court;

b

references in this Part to the Court of Appeal shall be construed as references to that division.

36 Appeals to F4Supreme Court.

1

In the M2Criminal Appeal Act 1968, in—

a

section 33(1) (right of appeal to House of Lords), and

b

section 36 (bail),

after “1987” there shall be inserted “ or section 35 of the Criminal Procedure and Investigations Act 1996 ”.

2

The judge may continue a preparatory hearing notwithstanding that leave to appeal has been granted under Part II of the Criminal Appeal Act 1968, but F3the preparatory hearing shall not be concluded until after the appeal has been determined or abandoned.