(1)A reference to the High Court under section 273 is to be determined by a single judge of that court without an oral hearing.
(2) In relation to a reference under that section, any reference to “the court” in sections 321 to 323 of the Sentencing Code is to be read as a reference to the High Court.
(3)A person in respect of whom a reference has been made under section 273 may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the High Court on the reference.
(4)Section 1(1) of the Administration of Justice Act 1960 (c. 65) (appeal to Supreme Court 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 subsection (3) applies.
(5)The jurisdiction conferred on the Court of Appeal by subsection (3) is to be exercised by the criminal division of that court.
(6)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 Supreme Court under this section.
(7)In relation to appeals to the Court of Appeal or the Supreme Court under this section, 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).
Cases considering section 274 3
[2011] EWCA Crim 1261 · 19 May 2011Interprets
Section 274 provided the procedural framework for the High Court reference and appeal. Read with section 3(4) of the Repatriation of Prisoners’ Act 1984, it permitted an effective appeal against the minimum-term order (see paras [33]-[40]).
Section 274(3) gave a transferred life prisoner, with leave, a right to appeal the High Court’s decision. The court construed that right as carrying power to quash and substitute a minimum-term order (see paras [34]; [37]-[40]).
Section 274(5) assigned the appellate jurisdiction to the Criminal Division of the Court of Appeal. The court treated the provision as confirming that it could determine the minimum-term appeal (see paras [34]; [37]-[39]).
Section 274(7) authorised an order applying provisions analogous to the Criminal Appeal Act 1968, but no such order had been made. The resulting apparent lacuna did not prevent the court from finding substitution power through the 1984 Act (see paras [35]-[39]).
[2011] EWHC 65 (Admin) · 21 January 2011
Requires the reference to be determined without an oral hearing. The court concluded that no oral hearing was necessary on the papers. (see para [1])
[2006] EWHC 2826 (QB) · 10 November 2006
Applies section 274(2) so that references in section 269 and Schedule 21 to the court are read as references to the High Court. It also supported credit for the period of remand. (see para [18])
What each judgment says about section 274 is in the case-law panel in the full Act.