Explanatory note

This Order makes provision corresponding to provisions in the Criminal Appeal Act 1968 (“the 1968 Act”) with modifications for the purposes of applications for retrial under section 76(1) and (2) of the Criminal Justice Act 2003.

Article 2 makes provision corresponding to section 31 of the 1968 and sets out which of the Court of Appeal’s powers may be exercised by a single judge.

Article 3 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 4 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, in relation to section 76 applications, may be exercised by a single judge or the Registrar.

Article 5 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 in relation to section 76 applications, made by the Registrar or a single judge, may be appealed to a single judge or the Court of Appeal respectively.