OpenLegislation

Section 31A Powers of Court ... which are exercisable by registrar.F1F8

England and Wales

(1)

The powers of the Court of Appeal under this Part of this Act which are specified in subsection (2) below may be exercised by the registrar.

(2)

The powers mentioned in subsection (1) above are the following—

(a)

to extend the time within which notice of appeal or of application for leave to appeal may be given;

F2(aa)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

to order a witness to attend for examination; F3...

(c)

to vary the conditions of bail granted to an appellant by the Court of Appeal or the Crown Court;

(F4d)

to make orders under section 23(1)(a).

(F52A)

The registrar may exercise the powers under sections 51 and 52 of the Criminal Justice Act 2003 as they are exercisable in relation to appeals to the criminal division of the Court of Appeal and preliminary and incidental proceedings.

(3)

No variation of the conditions of bail granted to an appellant may be made by the registrar unless he is satisfied that the respondent does not object to the variation; but, subject to that, the powers specified in that subsection are to be exercised by the registrar in the same manner as by the Court of Appeal and subject to the same provisions.

(4)

If the registrar refuses an application on the part of an appellant to exercise in his favour any of the powers specified in subsection (2) F6or (2A) above, the appellant shall be entitled to have the application determined by a single judge.

(F75)

In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.

Annotations

Textual amendments

F1

S. 31A inserted (1.1.1996) by 1995 c. 35, s. 6; S.I. 1995/3061, art. 3(a) (with art. 4)

F2

S. 31A(2)(aa) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 3(5)(b)

F3

Word in s. 31A(2) repealed (1.5.2004) by Courts Act 2003 (c. 39), ss. 87(2), 110(1), Sch. 10; S.I. 2004/1104, art. 3(b)

F4

S. 31A(2)(d) inserted (1.5.2004) by Courts Act 2003 (c. 39), ss. 87(2), 110(1); S.I. 2004/1104, art. 3(b)

F5

S. 31A(2A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 3(5)(c)

F6

Words in s. 31A(4) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 3(5)(d)

F7

S. 31A(5) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 88; S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F8

Words in s. 31A heading omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 3(5)(a)