(1)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 F2... 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 [F3the 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 M1 [F4Senior 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.
Textual Amendments
F1Words in s. 35(1) inserted (24.7.2006 for certain purposes and otherwise prosp.) by Criminal Justice Act 2003 (c. 44), ss. 45(9), 336; S.I. 2006/1835, art. 2(c) (subject to art. 3)
F2Words in s. 35(1) repealed (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 10 Pt. 10 (with s. 97)
F3Words in s. 35(2) substituted (24.7.2006) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 69; S.I. 2006/1835, {art. 2h} (subject to art. 3)
F4Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
Modifications etc. (not altering text)
C1S. 35(1) modified (8.1.2007) by Domestic Violence, Crime and Victims Act 2004 c. 28, ss. 18(5), 60 (with ss. 19(7) and 21(2)); S.I. 2006/3423, art. 2 (subject to art. 3)
Marginal Citations
(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 [F6the preparatory hearing shall not be concluded] until after the appeal has been determined or abandoned.
Textual Amendments
F5Words in s. 36 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 61(2); S.I. 2009/1604, art. 2(d)
F6Words in s. 36(2) inserted (24.7.2006) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 70; S.I. 2006/1835, {art. 2h} (subject to art. 3)
Marginal Citations