# The Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005, Note: Explanatory note


(This note is not part of the Order)
This Order makes provision corresponding to provision in the Criminal Appeal Act 1968 (“the 1968 Act”) with modifications for the purpose of a new transitional appeal introduced by paragraph 14(1) of Schedule 22 to the Criminal Justice Act 2003 (“ the 2003 Act”). Paragraph 14(1) of Schedule 22 to the 2003 Act provides a right of appeal to the Court of Appeal and the House of Lords, if appropriate, to prisoners who have either had their minimum term of a mandatory life sentence reviewed or determined by the High Court under the transitional provisions in Schedule 22.
Article 2 makes provision corresponding to section 11(3) of the 1968 Act and sets out the powers of the Court of Appeal on appeal.
Article 3 makes provision corresponding to section 18 of the 1968 Act and gives the time limit for giving notice of application for leave to appeal to the Court of Appeal.
Article 4 makes provision corresponding to section 20 of the 1968 Act and allows the Registrar of criminal appeals of the Court of Appeal to refer groundless applications for leave to appeal to the Court of Appeal for summary determination.
Article 5 makes provision corresponding to section 21 of the 1968 Act and provides that the Registrar must organise hearings, documents and exhibits for the appeal or for an application for leave to appeal.
Article 6 makes provision corresponding to section 22 of the 1968 Act and provides in what circumstances an appellant who is in custody is entitled to be present on the hearing of his appeal.
Article 7 makes provision corresponding to section 23(1) of the 1968 Act and sets out the Court of Appeal’s powers on an appeal to order the production of documents and other evidence and to receive evidence which was not adduced in the proceedings from which the appeal lies.
Article 8 makes provision corresponding to section 31 of the 1968 Act and sets out which of the Court of Appeal’s powers may be exercised by a single judge.
Article 9 makes provision corresponding to section 31A of the 1968 Act (as inserted by section 6 of the Criminal Appeal Act 1995 c. 35) and sets out which of the Court of Appeal’s powers may be exercised by the Registrar.
Article 10 makes provision corresponding to section 31B of the 1968 Act (as inserted by section 87(3) of the Courts Act 2003 c. 39) and sets out that the powers of the Court of Appeal to make procedural directions may be exercised by a single judge or the Registrar.
Article 11 makes provision corresponding to section 31C of the 1968 Act (as inserted by section 87(3) of the Courts Act 2003 c. 39) and sets out that procedural directions, made by the Registrar or a single judge, may be appealed to a single judge or the Court of Appeal respectively.
Article 12 makes provision corresponding to section 33 of the 1968 Act and provides that an appeal to the House of Lords only lies with the leave of the Court of Appeal or the House of Lords.
Article 13 makes provision corresponding to section 34 of the 1968 Act and gives the time limit for giving notice of application for leave to appeal to the House of Lords.
Article 14 makes provision corresponding to section 35 of the 1968 Act and deals with the hearing and disposal of an appeal to the House of Lords.
Article 15 makes provision corresponding to section 38 of the 1968 Act and provides that a defendant who is in custody is not entitled to attend the hearing of an appeal by the House of Lords unless he is authorised to do so by the House of Lords or the Court of Appeal.
Article 16 makes provision corresponding to section 44 of the 1968 Act and sets out which powers of the Court of Appeal in relation to appeals in the House of Lords may be exercised by a single judge.

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Source: https://www.legislation.gov.uk/uksi/2005/2798/note (the official version)
Page: https://openlegislation.uk/criminal-justice-act-2003-mandatory-life-sentences-appeals-in-transitional-cases-order-2005/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.