31 Right of appeal to House of Lords.U.K.
(1)Subject to the provisions of this Part of this Act, an appeal lies to the [F1Supreme Court], at the instance of the defendant or the prosecutor, from any decision of the Court of Appeal on an appeal to that Court under Part I of this Act [F2or Article 8 (preparatory hearings) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 ][F3or Part IV of the Criminal Justice (Northern Ireland) Order 2004 (prosecution appeals)].
(1A)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)No appeal lies under this Part of this Act except with the leave of the Court or of [F5the Supreme Court]; and such leave shall not be granted unless it is certified by the Court that a point of law of general public importance is involved in the decision and it appears to the Court or to [F5the Supreme Court](as the case may be) that the point is one which ought to be considered by [F5the Supreme Court].
[F6(3)In this Part of this Act “the defendant”—
(a)in relation to an appeal under subsection (1) above against a decision of the Court on an appeal under Part 1 of this Act, means the person who was the appellant before the Court;
(b)in relation to an appeal under subsection (1) above against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court;
(c)in relation to an appeal under subsection (1B) above, shall be construed in accordance with subsection (4) below;
and F7. . . “prosecutor” shall be construed accordingly.]
Textual Amendments
F1Words in s. 31(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(2)(a); S.I. 2009/1604, art. 2(d)
F2Words added by S.I. 1988/1846 (N.I. 16), art. 12, Sch. para. 5(2)
F3Words in s. 31(1) inserted (N.I) (18.4.2005) by The Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I. 9)), art. 27(3); S.R. 2005/243, art. 2
F4S. 31(1A) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 92, 94, Sch. 8 para. 146(2), Sch. 14; S.I. 2008/755, art. 2(d)(iii) (subject to arts. 3-14)
F5Words in s. 31(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(2)(b); S.I. 2009/1604, art. 2(d)
F6S. 31(3) substituted (18.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 94; S.I. 2005/950, art. 3(2)(c)
F7Words in s. 31(3) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 92, 94, Sch. 8 para. 146(3), Sch. 14; S.I. 2008/755, art. 2(d)(iii) (subject to arts. 3-14)