Criminal Procedure Act 2010

Appeals on point of law to Supreme Court.

14.— (1) An appeal shall lie to the Supreme Court by the acquitted person or the Director from a determination of the Court under subsection (1) or (2) of section 10 if that Court, the Attorney General or the Director certifies that the determination involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.

(2) The Supreme Court may, for the purposes of its decision on such an appeal, either—

(a) remit the case to the Court to deal with, or

(b) deal with it itself and for that purpose exercise any powers of that Court under this Part.

(3) Where an appeal has been made to the Supreme Court under subsection (1) and a legal aid (Supreme Court) certificate is granted under subsection (4), or is deemed to have been granted under subsection (5) in respect of the person who is the subject of the appeal, he or she shall be entitled to free legal aid in the preparation and conduct of any argument that he or she wishes to make to that 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 Act of 1962.

(4) The acquitted person may, in relation to proceedings under this section apply for a legal aid (Supreme Court) certificate to the Supreme Court either—

(a) by letter 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.

(5) If a legal aid (re-trial order) certificate was granted under the Act of 1962 in respect of the person in relation to an application for a re-trial order, a legal aid (Supreme Court) certificate shall be deemed to have been granted in respect of him or her in relation to the proceedings under this section.

(6) Section 12 of this Act shall, with any necessary modifications, apply to an appeal under this section as it applies to an application for a re-trial order.