Criminal Procedure Act 2011

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333 Powers exercisable by Judges of Court of Appeal

(1)

Any 2 or more Judges of the Court of Appeal (of whom at least 1 must hold office under section 45 of the Senior Courts Act 2016) may act as the court to determine any application for leave to appeal.

(2)

A Judge of the Court of Appeal (whether holding office under section 45 or 48 of the Senior Courts Act 2016) may exercise, in the same manner as it may be exercised by that court and subject to the same provisions, the power of that court to—

(a)

determine any application to extend the time for filing an application or notice:

(b)

allow a party to be present at any proceedings in cases where he or she is not entitled to be present without leave:

(c)

issue a warrant for the detention of the defendant pending a new trial:

(d)

grant bail to a party.

(3)

A party may have an application for the exercise of a power under subsection (2) decided by the court if a Judge refuses to exercise the power in favour of the party.

(4)

A Judge of the Court of Appeal (whether holding office under section 45 or 48 of the Senior Courts Act 2016) may make any incidental orders and give any incidental directions that he or she thinks fit, other than an order or a direction that determines the appeal or disposes of any question or issue that is before the court in the appeal.

(5)

An order or direction made or given by a Judge of the Court of Appeal under subsection (4) may be discharged or varied by the court but subsection (3) does not apply to the exercise of a power under subsection (4).

Compare: 1908 No 89 s 61A(1)–(4); 1961 No 43 s 393(2), (3)

Section 333(1): amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).

Section 333(2): amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).

Section 333(4): amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).