(4) The conditions in this subsection are that a point of law of general
35public importance is involved in the final determination and that point
of law is—

(a) a point of law that—

(i) relates wholly or mainly to the construction of an
enactment or statutory instrument, and

(ii) 40has been fully argued in the proceedings on the appeal
or review to which the final determination relates and
fully considered in the judgment of the Commission, or

(b) a point of law—

(i) in respect of which the Commission is bound by a
45decision of the appropriate appeal court or the Supreme
Court in previous proceedings, and

(ii) that was fully considered in the judgments given by the
appropriate appeal court or, as the case may be, the
Supreme Court in those previous proceedings.

(5) The conditions in this subsection are that a point of law of general
5public importance is involved in the final determination and that—

(a) the proceedings entail a decision relating to a matter of national
importance or consideration of such a matter,

(b) the result of the proceedings is so significant (whether
considered on its own or together with other proceedings or
10likely proceedings) that, in the opinion of the Commission, a
hearing by the Supreme Court is justified, or

(c) the Commission is satisfied that the benefits of earlier
consideration by the Supreme Court outweigh the benefits of
consideration by the Court of Appeal.

(6) 15No appeal lies against the grant or refusal of a certificate under
subsection (1).

7C Appeals to Supreme Court: permission to appeal

(1) If the Special Immigration Appeals Commission grants a certificate
under section 7B in relation to a final determination, a party to the
20appeal or review to which the final determination relates may apply to
the Supreme Court for permission to appeal directly to the Supreme
Court.

(2) An application under subsection (1) must be made—

(a) within one month from the date on which that certificate is
25granted, or

(b) within such time as the Supreme Court may allow in a
particular case.

(3) If on such an application it appears to the Supreme Court to be
expedient to do so, the Supreme Court may grant permission for such
30an appeal.

(4) If permission is granted under this section—

(a) no appeal from the final determination to which the certificate
relates lies to the appropriate appeal court, but

(b) an appeal lies from that determination to the Supreme Court.

(5) 35An application under subsection (1) is to be determined without a
hearing.

(6) Subject to subsection (4), no appeal lies to the appropriate appeal court
from a final determination of the Commission in respect of which a
certificate is granted under section 7B until—

(a) 40the time within which an application can be made under
subsection (1) has expired, and

(b) where such an application is made, that application has been
determined in accordance with this section.

7D Appeals to Supreme Court: exclusions

(1) 45No certificate may be granted under section 7B in respect of a final
determination of the Special Immigration Appeals Commission where,

by virtue of any enactment (other than sections 7B and 7C), no appeal
would lie from that decision of the Commission to the appropriate
appeal court, with or without the leave or permission of the
Commission or the appropriate appeal court.

(2) 5No certificate may be granted under section 7B in respect of a final
determination of the Commission where, by virtue of any enactment,
no appeal would lie from a decision of the appropriate appeal court on
that determination of the Commission to the Supreme Court, with or
without the permission or leave of the appropriate appeal court or the
10Supreme Court.

(3) Where no appeal would lie to the appropriate appeal court from a final
determination of the Commission except with the leave or permission
of the Commission or the appropriate appeal court, no certificate may
be granted under section 7B in respect of a final determination unless it
15appears to the Commission that it would be a proper case for granting
leave to appeal to the appropriate appeal court.

(4) No certificate may be granted under section 7B in respect of a decision
or order of the Commission made by it in the exercise of its jurisdiction
to punish for contempt.”

(3) 20In section 1(4) (challenges to decisions of the Commission), after “section 7”
insert “and sections 7B to 7D”.

(4) In section 7(3) (appeals from the Commission: definition of “the appropriate
appeal court”), after “In this section” insert “and sections 7B to 7D”.

(5) In section 8 (procedure on applications for leave to appeal)—

(a) 25in subsection (1), at the end insert “or for the grant of a certificate under
section 7B”, and

(b) in subsection (2), omit “for leave to appeal”.

(6) In the heading of section 8, after “leave to appeal” insert “etc”.

Costs in civil proceedings

66 30Wasted costs in certain civil proceedings

(1) Section 51 of the Senior Courts Act 1981 (costs in civil division of Court of
Appeal, High Court, family court and county court) is amended as follows.

(2) After subsection (7) (wasted costs) insert—

“(7A) Where the court exercises a power under subsection (6) in relation to
35costs incurred by a party, it must inform such of the following as it
considers appropriate—

(a) an approved regulator;

(b) the Director of Legal Aid Casework.”

(3) After subsection (12) insert—

“(12A) 40In subsection (7A)—

• “approved regulator” has the meaning given by section 20 of the
  Legal Services Act 2007;

Criminal Justice and Courts BillPage 69

• “the Director of Legal Aid Casework” means the civil servant
  designated under section 4 of the Legal Aid, Sentencing and
  Punishment of Offenders Act 2012.”

Juries and members of the Court Martial

67 5Upper age limit for jury service to be 75

(1) The Juries Act 1974 is amended as follows.

(2) In section 1(1)(a) (qualification for jury service) for the words from “and” to the
end substitute “and aged eighteen or over but under seventy six”.

(3) In section 3(1) (electoral register as basis of jury selection), for “less than
10eighteen or more than seventy years of age” substitute “—

(a) aged under eighteen, or

(b) aged seventy six or over”.

68 Jurors and electronic communications devices

In the Juries Act 1974, after section 15 insert—

“15A 15Surrender of electronic communications devices

(1) A judge dealing with an issue may order the members of a jury trying
the issue to surrender any electronic communications devices for a
period.

(2) An order may be made only if the judge considers that—

(a) 20the order is necessary or expedient in the interests of justice, and

(b) the terms of the order are a proportionate means of
safeguarding those interests.

(3) An order may only specify a period during which the members of the
jury are—

(a) 25in the building in which the trial is being heard,

(b) in other accommodation provided at the judge’s request,

(c) visiting a place in accordance with arrangements made by the
court, or

(d) travelling to or from a place mentioned in paragraph (b) or (c).

(4) 30An order may be made subject to exceptions.

(5) It is a contempt of court for a member of a jury to fail to surrender an
electronic communications device in accordance with an order under
this section.

(6) Proceedings for a contempt of court under this section may only be
35instituted on the motion of a court having jurisdiction to deal with it.

(7) In this section, “electronic communications device” means a device that
is designed or adapted for a use which consists of or includes the
sending or receiving of signals that are transmitted by means of an
electronic communications network (as defined in section 32 of the
40Communications Act 2003).”