CRIMINAL PROCEDURE ACT 2009 - SECT 315 Powers which may be exercised by Court of Appeal constituted by a single Judge of Appeal

CRIMINAL PROCEDURE ACT 2009 - SECT 315

S. 315(1) amended by No. 48/2012 s. 7(2).

    (1)     The Court of Appeal constituted by a single Judge of Appeal may exercise the following powers—

        (a)     to give leave to appeal;

        (b)     to review a refusal to certify;

S. 315(1)(c) amended by No. 68/2009 s. 34(1)(a).

        (c)     to extend the time within which notice of appeal may be filed and served;

S. 315(1)(d) amended by No. 68/2009 s. 34(1)(a).

        (d)     to extend the time within which notice of application for leave to appeal may be filed and served;

        (e)     to grant the appellant bail;

S. 315(1)(f) amended by No. 68/2009 s. 34(1)(b).

        (f)     to order stays of sentence;

S. 315(1)(g) inserted by No. 68/2009 s. 34(1)(c).

        (g)     to call on a court and a respondent to show cause why a question of law should not be reserved for determination by the Court of Appeal.

S. 315(2) amended by Nos 68/2009 s. 34(2), 48/2012 s. 7(3).

    (2)     If the Court of Appeal constituted by a single Judge of Appeal refuses an application to exercise a power referred to in subsection (1) in relation to any ground of appeal, the applicant is entitled to have the application determined by the Court of Appeal constituted by 2 or more Judges of Appeal.

S. 315(3) inserted by No. 48/2012 s. 7(4).

    (3)     An order under section 280(3) or 284A(3) made by the Court of Appeal constituted by a single Judge of Appeal is stayed on the filing of an application to have the application for leave to appeal determined by the Court of Appeal constituted by 2 or more Judges of Appeal.

S. 315(4) inserted by No. 48/2012 s. 7(4).

    (4)     An order stayed under subsection (3)—

        (a)     takes effect on the refusal of the application for leave to appeal by the Court of Appeal constituted by 2 or more Judges of Appeal;

        (b)     is of no effect if the application for leave to appeal is granted by the Court of Appeal constituted by 2 or more Judges of Appeal.