Criminal Procedure Act 2010

31.

Amendment of Courts of Justice Act 1924.

31.— The Courts of Justice Act 1924 is amended—

( a) in section 29—

(i) by the insertion of the following subsections after subsection (2):

“(2A) Subject to subsection (2B), a person who has appealed his or her conviction to the Court of Criminal Appeal and who has been granted a re-trial by that Court, may, without prejudice to the determination by the Court to grant a re-trial, appeal to the Supreme Court in respect of a matter raised by him or her in the Court of Criminal Appeal in relation to which that Court—

( a) did not make a determination, or

( b) made a determination against him or her.

(2B) A person may only appeal to the Supreme Court where—

( a) the matter which is the subject of the appeal is one that is relevant to the conduct of his or her defence in the re-trial, and

( b) the Court of Criminal Appeal or the Attorney General in any case or, if he or she is the prosecuting authority in the matter, the Director of Public Prosecutions, certifies that the matter involves a point of law of exceptional public importance and that it is desirable in the public interest that the person should take an appeal to the Supreme Court.”,

and

(ii) by the substitution, in subsection (5A) of “(2), (2A), (2B) or (3)” for “(2) or (3)”,

( b) by the substitution of the following section for section 31:

“Appeal from Central Criminal Court.

31.— A person convicted on indictment before the Central Criminal Court may appeal under this Act to the Court of Criminal Appeal.”,

( c) by the substitution of the following section for section 32:

“Court of Criminal Appeal may make certain orders pending determination of appeal.

32.— The Court of Criminal Appeal shall have power to make any order it may think fit, including an order admitting the appellant to bail, pending the determination of his appeal.”,

and

( d) in section 33, by the substitution of the following subsection for subsection (1):

“(1) The appeal shall be heard and determined by the Court of Criminal Appeal (‘ the court’ ) on—

( a) a record of the proceedings at the trial and on a transcript thereof verified by the judge before whom the case was tried, and

( b) where the trial judge is of opinion that the record or transcript referred to in paragraph ( a) of this subsection does not reflect what took place during the trial, a report by him as to the defects which he considers such record or transcript, as the case may be, contains,

with power to the court to hear new or additional evidence, and to refer any matter for report by the said judge.”.