Proceedings after
leave to appeal is granted or refused
6.15 If the House grants leave to appeal direct
from the High Court, no appeal from the decision of the judge
lies to the Court of Appeal but only to the House of Lords. The
appeal is brought by petition and the usual requirements apply.
However, an appeal does lie to the Court of Appeal from the judge's
decision (i) after the expiry of the one month period within which
an application may be made for leave to the House of Lords and
(ii) where leave to appeal direct to the House has been refused
by the House of Lords.
Habeas corpus
6.16 Proceedings for a writ of habeas corpus
are subject to the procedures governing criminal appeals to the
House of Lords. These are set out in the Red Book of criminal
practice directions[42].
In proceedings for a writ of habeas corpus, an appeal lies from
the Queen's Bench Divisional Court to the House of Lords at the
instance of the defendant or prosecutor with the leave either
of the Divisional Court or the House of Lords. No certificate
stating a point of law of general public importance is required[43].
6.17 Such a petition is considered by an Appeal
Committee without an oral hearing. Parties are notified of the
Committee's decision.
36 Administration of Justice Act 1969 ss 12-15. Back
37
Administration of Justice Act 1969 s 12(3)(a). Back
38
Administration of Justice Act 1969 s 12(3)(b). Back
39
For applications to extend time see direction 6.14. Back
40
Administration of Justice Act 1969 s 13(1). Back
41
If the judgment has been published in a report which is ordinarily
received in court, copies of the report may be lodged in lieu
of transcripts. Transcripts of judgments marked as in draft are
not acceptable without certification by the relevant court that
the copy is the final version of the judgment. Back
42
See n 1 on p 7 above. Back
43
Administration of Justice Act 1969 ss 1, 15(3); Judicature (Northern
Ireland) Act 1978, s 45(3). Back