Article 12 Right of appeal to the House of Lords

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

art. 12 heading words substituted by Constitutional Reform Act 2005 (Consequential Amendments) 2011 art. 5(3)(a)
art. 12(1) words substituted by Constitutional Reform Act 2005 (Consequential Amendments) 2011 art. 5(3)(a)
art. 12(2) words substituted by Constitutional Reform Act 2005 (Consequential Amendments) 2011 art. 5(3)(b)

(1)

An appeal lies to the House of Lords^f1 at the instance of the defendant or the prosecutor, from any decision of the Court of Appeal on an appeal to that court under paragraph 14(1) of Schedule 22 to the 2003 Act.

(2)

The appeal lies only with the leave of the Court of Appeal or the House of Lords; and leave shall not be granted unless it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision and it appears to the Court of Appeal or the House of Lords (as the case may be) that the point is one which ought to be considered by that House.

Annotations

Footnotes

f1: The appellate jurisdiction of the House of Lords under the Criminal Appeal Act 1968 c. 19 will be transferred to the Supreme Court following commencement on a date to be appointed under section 40(4) of, and paragraph 16 of Schedule 9 to, the Constitutional Reform Act 2005 c. 4.