The Criminal Procedure Rules 2020

When this Part appliesE+W

43.1.—(1) This Part applies where—

(a)a party wants to appeal to the Supreme Court after—

(i)an application to the Court of Appeal to which Part 27 applies (Retrial following acquittal), or

(ii)an appeal to the Court of Appeal to which applies Part 37 (Appeal to the Court of Appeal against ruling at preparatory hearing), Part 38 (Appeal to the Court of Appeal against ruling adverse to prosecution), or Part 39 (Appeal to the Court of Appeal about conviction or sentence); or

(b)a party wants to refer a case to the Supreme Court after a reference to the Court of Appeal to which Part 41 applies (Reference to the Court of Appeal of point of law or unduly lenient sentencing).

(2) A reference to an ‘appellant’ in this Part is a reference to such a party.

[Note. Under section 33 of the Criminal Appeal Act 1968(1), a party may appeal to the Supreme Court from a decision of the Court of Appeal on—

(a)an application to the court under section 76 of the Criminal Justice Act 2003(2) (prosecutor’s application for retrial after acquittal for serious offence). See also Part 27.

(b)an appeal to the court under—

(i)section 9 of the Criminal Justice Act 1987(3) or section 35 of the Criminal Procedure and Investigations Act 1996(4) (appeal against order at preparatory hearing). See also Part 37.

(ii)section 47 of the Criminal Justice Act 2003(5) (appeal against order for non-jury trial after jury tampering.) See also Part 37.

(iii)Part 9 of the Criminal Justice Act 2003(6) (prosecutor’s appeal against adverse ruling). See also Part 38.

(iv)Part 1 of the Criminal Appeal Act 1968(7) (defendant’s appeal against conviction, sentence, etc.). See also Part 39.

Under section 13 of the Administration of Justice Act 1960(8), a person found to be in contempt of court may appeal to the Supreme Court from a decision of the Court of Appeal on an appeal to the court under that section. See also Part 39.

Under article 12 of the Criminal Justice Act 2003 (Mandatory Life Sentence: Appeals in Transitional Cases) Order 2005(9), a party may appeal to the Supreme Court from a decision of the Court of Appeal on an appeal to the court under paragraph 14 of Schedule 22 to the Criminal Justice Act 2003(10) (appeal against minimum term review decision). See also Part 39.

Under article 15 of the Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006(11), a party may appeal to the Supreme Court from a decision of the Court of Appeal on an appeal to the court under section 74 of the Serious Organised Crime and Police Act 2005(12) (appeal against sentence review decision). See also Part 39.

Under section 24 of the Serious Crime Act 2007(13), a party may appeal to the Supreme Court from a decision of the Court of Appeal on an appeal to that court under that section (appeal about a serious crime prevention order). See also Part 39.

Under section 36(3) of the Criminal Justice Act 1972(14), the Court of Appeal may refer to the Supreme Court a point of law referred by the Attorney General to the court. See also Part 41.

Under section 36(5) of the Criminal Justice Act 1988(15), a party may refer to the Supreme Court a sentencing decision referred by the Attorney General to the court. See also Part 41.

Under section 33(3) of the Criminal Appeal Act 1968, there is no appeal to the Supreme Court—

(a)from a decision of the Court of Appeal on an appeal under section 14A(5A) of the Football Spectators Act 1989(16) (prosecutor’s appeal against failure to make football banning order). See Part 39.

(b)from a decision of the Court of Appeal on an appeal under section 159(1) of the Criminal Justice Act 1988(17) (appeal about reporting or public access restriction). See Part 40.

The rules in Part 36 (Appeal to the Court of Appeal: general rules) also apply where this Part applies.]