Court of Appeal Act 2014
|
Transitional provisions | ||
|
78. (1) The Court of Criminal Appeal shall, as regards any proceedings before it that have been — | ||
(a) initiated before the establishment day, and | ||
(b) heard in full or in part by that Court before that day, continue to have jurisdiction in respect of the proceedings and accordingly the Court of Criminal Appeal may determine and pronounce judgment in respect of those proceedings. | ||
(2) The Courts-Martial Appeal Court shall, as regards any proceedings before it that have been — | ||
(a) initiated before the establishment day, and | ||
(b) heard in full or in part by that Court before that day, continue to have jurisdiction in respect of the proceedings and accordingly the Courts- Martial Appeal Court may determine and pronounce judgment in respect of those proceedings. | ||
(3) Nothing in this Act shall operate to affect the application of section 14 of the Courts-Martial Appeals Act 1983 in respect of a determination of the Courts-Martial Appeal Court made— | ||
(a) before the establishment day, or | ||
(b) in the case of proceedings referred to in subsection (2), on or after the establishment day. | ||
(4) (a) For the purposes of subsection (1), proceedings shall not be taken to have been heard in part by reason only of the Court of Criminal Appeal or the Courts-Martial Appeal Court, as the case may be, having heard an interlocutory application relating to the proceedings or unless the proceedings are confined to a procedural matter, the Court of Criminal Appeal or the Courts-Martial Appeal Court, as the case may be, having heard any procedural application or motion relating to the proceedings. | ||
(b) Where, however, an order has been made by the Court of Criminal Appeal or the Courts-Martial Appeal Court, in relation to an interlocutory application, procedural application or motion concerning proceedings which are subsequently determinable by the Court of Appeal, the order shall be binding on the Court of Appeal in respect of the issue which is the subject of the proceedings. | ||
(c) Paragraph (b) is without prejudice to any change of circumstance which may warrant a variation in the terms of the order referred to in that paragraph. | ||
(5) Where an order has been made by the Supreme Court in relation to an interlocutory application, procedural application or motion concerning an appeal which is subsequently determinable by the Court of Appeal pursuant to a direction given under Article 64.3.1° of the Constitution or an order made under Article 64.4.1° of the Constitution, the order shall be binding on the Court of Appeal in respect of the issue which is the subject of the appeal. | ||
(6) Subsection (5) is without prejudice to any change of circumstance which may warrant a variation in the terms of the order referred to in that subsection. |