Criminal Procedure and Investigations Act 1996
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Change 1
35 Appeals to Court of Appeal.
(1) An appeal shall lie to the Court of Appeal from any ruling of a judge under section 31(3), from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section ... 44 of that Act which is made on the determination of such an application, but only with the leave of the judge or of the Court of Appeal. (2) The judge may continue a preparatory hearing notwithstanding that leave to appeal has been granted under subsection (1), but the preparatory hearing shall not be concluded until after the appeal has been determined or abandoned. (3) On the termination of the hearing of an appeal, the Court of Appeal may confirm, reverse or vary the decision appealed against. (4) Subject to rules of court made under section 53(1) of the Senior Courts Act 1981 (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 subsection (1) above shall be exercised by the criminal division of the court; (b) references in this Part to the Court of Appeal shall be construed as references to that division.
35 Appeals to Court of Appeal.
(1) An appeal shall lie to the Court of Appeal from any ruling of a judge under section 31(3), from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section ... 44 of that Act which is made on the determination of such an application, but only with the leave of the judge or of the Court of Appeal. (2) The judge may continue a preparatory hearing notwithstanding that leave to appeal has been granted under subsection (1), but the preparatory hearing shall not be concluded until after the appeal has been determined or abandoned. (3) On the termination of the hearing of an appeal, the Court of Appeal may confirm, reverse or vary the decision appealed against. (4) Subject to rules of court made under section 53(1) of the Senior Courts Act 1981 (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 subsection (1) above shall be exercised by the criminal division of the court; (b) references in this Part to the Court of Appeal shall be construed as references to that division.
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