61Determination of appeal by Court of AppealE+W
(1)On an appeal under section 58, the Court of Appeal may confirm, reverse or vary any ruling to which the appeal relates.
(2)Subsections (3) to (5) apply where the appeal relates to a single ruling.
(3)Where the Court of Appeal confirms the ruling, it must, in respect of the offence or each offence which is the subject of the appeal, order that the defendant in relation to that offence be acquitted of that offence.
(4)Where the Court of Appeal reverses or varies the ruling, it must, in respect of the offence or each offence which is the subject of the appeal, do any of the following—
(a)order that proceedings for that offence may be resumed in the Crown Court,
(b)order that a fresh trial may take place in the Crown Court for that offence,
(c)order that the defendant in relation to that offence be acquitted of that offence.
[F1(5)But the Court of Appeal may not make an order under subsection (4)(c) in respect of an offence unless it considers that the defendant could not receive a fair trial if an order were made under subsection (4)(a) or (b).]
(6)Subsections (7) and (8) apply where the appeal relates to a ruling that there is no case to answer and one or more other rulings.
(7)Where the Court of Appeal confirms the ruling that there is no case to answer, it must, in respect of the offence or each offence which is the subject of the appeal, order that the defendant in relation to that offence be acquitted of that offence.
(8)Where the Court of Appeal reverses or varies the ruling that there is no case to answer, it must in respect of the offence or each offence which is the subject of the appeal, make any of the orders mentioned in subsection (4)(a) to (c) (but subject to subsection (5)).
Textual Amendments
F1S. 61(5) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 44, 153 (with Sch. 27 para. 16); S.I. 2008/1586, art. 2(1), Sch. 1 para. 23
Commencement Information
I1S. 61 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to art. 2(2), Sch. 2)