Criminal Justice Act 2003, section 47

Appeals

Part 7 Trials on indictment without a jury

(1)An appeal shall lie to the Court of Appeal from an order under section 46(3) or (5).

(2)Such an appeal may be brought only with the leave of the judge or the Court of Appeal.

(3)An order from which an appeal under this section lies is not to take effect—

(a)before the expiration of the period for bringing an appeal under this section, or

(b)if such an appeal is brought, before the appeal is finally disposed of or abandoned.

(4)On the termination of the hearing of an appeal under this section, the Court of Appeal may confirm or revoke the order.

(5)Subject to rules of court made under section 53(1) of the Supreme Court Act 1981 (c. 54) (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—

(a)the jurisdiction of the Court of Appeal under this section is to be exercised by the criminal division of that court, and

(b)references in this section to the Court of Appeal are to be construed as references to that division.

(6) In section 33(1) of the Criminal Appeal Act 1968 (c. 19) (right of appeal to House of Lords) after “1996” there is inserted “or section 47 of the Criminal Justice Act 2003” .

(7) In section 36 of that Act (bail on appeal by defendant) after “hearings)” there is inserted “or section 47 of the Criminal Justice Act 2003” .

(8)The Secretary of State may make an order containing provision, in relation to proceedings before the Court of Appeal under this section, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal Act 1968 (subject to any specified modifications).

Definitions used in section 47 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 section 47 6

William Sartin v R

[2024] EWCA Crim 766 · 3 July 2024

The court treated the challenge as an interlocutory appeal under this provision. Assuming jurisdiction to receive fresh evidence, it held that a late amendment and fresh-evidence application would still require leave and did not justify adjournment (see paras [1]; [14]; [17]).

Shahid Mohammad v Palvaan Islaam

[2024] EWCA Crim 34 · 24 January 2024Interprets

The court explained that an appeal from a section 46 order requires leave and that the Court of Appeal may confirm or revoke the order. It confirmed the order in this case. (see paras [3]-[4]; [43]-[45]) The court recognised the statutory right of appeal from an order under section 46, subject to the leave requirement. (see paras [4]; [44]) The court held that leave should be granted on the ordinary principled basis of a real prospect of success. Rarity or seriousness alone does not justify leave. (see paras [43]-[44]) The court applied the suspension of the continuation order pending disposal of the appeal, and noted that the trial could not proceed during that period. (see paras [3]-[4]; [36]) The court exercised its statutory power to confirm the judge’s continuation order. (see paras [4]; [45])

Allen, R v

[2019] EWCA Crim 1256 · 27 June 2019

The court held that the applicant had a statutory right, with leave, to appeal the section 46(3) order within five business days. He had been given the opportunity to invoke that procedure but chose not to do so. (see paras [21]-[24])

What each judgment says about section 47 is in the case-law panel in the full Act.

Explanatory note

259.This section provides a right of appeal to the Court of Appeal against:following the discharge of a jury because of jury tampering.

  • an order made under section 46(3) to continue a trial in the absence of a jury and

  • an order made under section 46(5) for a retrial to be conducted in the absence of a jury

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I31S. 47 wholly in force at 24.7.2006, see s. 336(3) and S.I. 2006/1835, art. 2 (subject to art. 3)