Section 32 Application for leave to appeal.

United Kingdom

(1)

Subject to subsection (2) below, an application to the Court of Appeal for leave to appeal under this Part of this Act shall be made within the period of F128 days beginning with the F2relevant date; and an application to F3the Supreme Court for such leave shall be made within the period of 28 days beginning with the date on which the application is refused by the Court.

F4(1A)

In subsection (1), “the relevant date” means—

(a)

the date of the Court of Appeal’s decision, or

(b)

if later, the date on which the Court gives reasons for its decision.

(2)

The Supreme Court or the Court may, upon application made at any time by the defendant F5or, in the case of an appeal under section 31(1B), by the prosecutor, extend the time within which an application may be made by him to the Supreme Court or the Court under subsection (1) above.

(3)

An appeal under this Part of this Act shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and for the purposes of this Part of this Act an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.

Annotations

Textual amendments

F1: Word in s. 32(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 105(5)(a), 110; S.I. 2005/910, art. 3(x)
F2: Words in s. 32(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 105(5)(b), 110; S.I. 2005/910, art. 3(x)
F3: Words in s. 32 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(3); S.I. 2009/1604, art. 2(d)
F4: S. 32(1A) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 105(6), 110; S.I. 2005/910, art. 3(x)
F5: Words in s. 32(2) inserted (18.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 81(4), 336(3) (with s. 96(5)(7)); S.I. 2005/950, art. 3

Notes on Part II

Textual amendments

F1: Words in Pt. 2 heading substituted (N.I.) (18.4.2005) by The Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I. 9)), art. 27(2); S.R. 2005/243, art. 2