Criminal Justice Act 2006
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Decision of Court of Criminal Appeal final save on certificate of Court, Attorney General or Director of Public Prosecutions. |
22.— The Courts of Justice Act 1924 is amended by the substitution of the following section for section 29: | |
“Decision of Court of Criminal Appeal final save on certificate of Court, Attorney General or Director of Public Prosecutions. | ||
29.—(1) No appeal shall lie to the Supreme Court from a determination by the Court of Criminal Appeal of any appeal or other matter except in accordance with this section. | ||
(2) A person the subject of an appeal or other matter determined by the Court of Criminal Appeal may appeal the decision of that Court to the Supreme Court if that Court 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 decision 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. | ||
(3) The Attorney General in any case or, if he or she is the prosecuting authority in the matter, the Director of Public Prosecutions may, in relation to an appeal or other matter determined by the Court of Criminal Appeal and without prejudice to the decision in favour of the accused person, appeal the decision of that Court to the Supreme Court if that Court 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 decision involves a point of law of exceptional public importance and that it is desirable in the public interest that the Attorney General or the Director of Public Prosecutions, as may be appropriate, should take an appeal to the Supreme Court. | ||
(4) The Supreme Court shall, in an appeal under subsection (3) of this section, hear argument— | ||
(a) by, or by counsel on behalf of, the Attorney General or the Director of Public Prosecutions, as may be appropriate, | ||
(b) if the accused person so wishes, by counsel on his or her behalf or, with the leave of the Court, by the accused person himself or herself, and | ||
(c) if counsel are assigned under subsection (5) of this section, such counsel. | ||
(5) The Supreme Court shall, in an appeal under subsection (3) of this section, assign counsel to argue in support of the decision if— | ||
(a) the accused person waives his or her right to be represented or heard under subsection (4)(b) of this section, or | ||
(b) notwithstanding the fact that the accused person exercises his or her right to be represented or heard under subsection (4)(b) of this section, the Court considers it desirable in the public interest to do so. | ||
(6) The Supreme Court shall ensure, in so far as it is reasonably practicable to do so, that the identity of the accused person in an appeal under subsection (3) of this section is not disclosed in connection with the appeal unless the person agrees to the use of his or her name in the appeal. | ||
(7) If the accused person wishes to be represented in an appeal under subsection (3) of this section and a legal aid (Supreme Court) certificate is granted under subsection (8) of this section, or is deemed to have been granted under subsection (9) of this section, in respect of him or her, he or she shall be entitled to free legal aid in the preparation and presentation of any argument that he or she wishes to make to the Court and to have a solicitor and counsel assigned to him or her for that purpose in the manner prescribed by regulations under section 10 of the Criminal Justice (Legal Aid) Act 1962 . | ||
(8) The accused person may, in relation to an appeal under subsection (3) of this section, apply for a legal aid (Supreme Court) certificate to the Supreme Court either— | ||
(a) by letter addressed to the registrar of the Supreme Court setting out the facts of the case and the grounds of the application, or | ||
(b) to the Supreme Court itself, | ||
and the Court shall grant the certificate if (but only if) it appears to the Court that the means of the person are insufficient to enable him or her to obtain legal aid. | ||
(9) If a legal aid (trial on indictment) certificate was granted in respect of the accused person in relation to the trial on indictment concerned, a legal aid (Supreme Court) certificate shall be deemed to have been granted in respect of him or her in relation to an appeal under subsection (3) of this section. | ||
(10) In this section ‘legal aid (Supreme Court) certificate’ and ‘legal aid (trial on indictment) certificate’ have the meanings they have in the Criminal Justice (Legal Aid) Act 1962 .”. |