Clause 68 - Appeals
Criminal Justice Bill
3:45 pm
Ms Vera Baird (Redcar, Labour)
I apologise for not giving notice that I intended to raise the following issue, which has just occurred to me. An appeal to the House of Lords, as set out in section 33 of the Criminal Appeal Act 1968 is allowed only with the leave of the Court of Appeal or the House of Lords. It is not clear whether it is intended that that should apply in this case or whether the right to an appeal should be automatic. An appeal to the House of Lords with leave—the only way that it can occur—is available only if the Court of Appeal certifies that a point of law of public importance is at stake. Is it intended that that should be a criterion in these appeals, too, or will there be an appeal as of right?
As a rule, the House of Lords deals only with issues of law, so it will be a novel concept if it is obliged to deal with this issue, which, although it involves a lot of law, might involve hearing witnesses. I am not aware of any case in the House of Lords in which that has been done.