Criminal Justice Act 2003, Schedule 22, paragraph 14

Right of appeal

SCHEDULE 22 Mandatory life sentences: transitional cases

14 (1) A person who has made an application under paragraph 3 or in respect of whom a reference has been made under paragraph 6 may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the High Court on the application or reference.

(2) Section 1(1) of the Administration of Justice Act 1960 (c. 65) (appeal to [F959Supreme CourtF959] from decision of High Court in a criminal cause or matter) and section 18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusion of appeal from High Court to Court of Appeal in a criminal cause or matter) do not apply in relation to a decision to which sub-paragraph (1) applies.

(3) The jurisdiction conferred on the Court of Appeal by this paragraph is to be exercised by the criminal division of that court.

(4) Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from criminal division of Court of Appeal) does not prevent an appeal to the [F959Supreme CourtF959] under this paragraph.

(5) In relation to appeals to the Court of Appeal or the [F959Supreme CourtF959] under this paragraph, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications).

Definitions used in Schedule 22, paragraph 14 1

the court

(2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.

Defined in Sch.22 para.11(2) · see it in the full Act

Cases considering Schedule 22, paragraph 14 4

Esposito, R. v

[2021] EWCA Crim 438 · 5 March 2021Interprets

The court interpreted paragraph 14(1) as conferring an unusual appellate review jurisdiction in limited transitional cases. It permits consideration of later exceptional progress where that issue was not considered when the minimum term was set. (see paras [29]; [33]-[40])

Gill, R. v

[2011] EWCA Crim 2795 · 1 December 2011

The court noted that paragraph 14(1) gives appeal rights from High Court decisions made following either an application or a reference under Schedule 22. This formed part of its explanation of the procedural route for transitional cases. (see para [12])

Caines, R v

[2006] EWCA Crim 2915 · 23 November 2006

Paragraph 14(1) describes the High Court’s determination as a decision and provides an appeal to the Criminal Division. The court treated the determination as a sentencing decision. (see [38])

What each judgment says about Schedule 22, paragraph 14 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F959Words in Sch. 22 para. 14(2)(4)(5) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148, Sch. 9 para. 82(6); S.I. 2009/1604, art. 2(d)