Section 28 Appeals from Crown Court and inferior courts.

England and Wales

(1)

Subject to subsection (2), any order, judgment or other decision of the Crown Court may be questioned by any party to the proceedings, on the ground that it is wrong in law or is in excess of jurisdiction, by applying to the Crown Court to have a case stated by that court for the opinion of the High Court.

(2)

Subsection (1) shall not apply to—

(a)

a judgment or other decision of the Crown Court relating to trial on indictment; or

(b)

any decision of that court under F1. . . F2. . . F3. . . or the Local Government (Miscellaneous Provisions) Act 1982 which, by any provision of any of those Acts, is to be final.

(3)

Subject to the provisions of this Act and to rules of court, the High Court shall, in accordance with section 19(2), have jurisdiction to hear and determine—

(a)

any application, or any appeal (whether by way of case stated or otherwise), which it has power to hear and determine under or by virtue of this or any other Act; and

(b)

all such other appeals as it had jurisdiction to hear and determine immediately before the commencement of this Act.

F4(4)

In subsection (2)(a) the reference to a decision of the Crown Court relating to trial on indictment does not include a decision relating to F5a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 .

Annotations

Textual amendments

F1: Words in s. 28(2)(b) repealed (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 17; S.I. 2006/3272, art. 2(4) (with Sch. 4)
F2: Words in s. 28(2)(b) repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)
F3: Words substituted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 2, Sch. 3 para. 27(6)
F4: S. 28(4) inserted (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 para. 22 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii) (with Sch. 2 para. 2)
F5: Words in s. 28(4) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 20; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

Notes on the whole Act

Textual amendments

F1: Act: "The Supreme Court Act 1981 (c. 54) may be cited as the Senior Courts Act 1981" (1.10.2009) by virtue of the Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(1); S.I. 2009/1604, art. 2(d)
F2: Act: words substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)