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Criminal Procedure Act 2011

Appeals - General matters

213: Leave to appeal

You could also call this:

"Asking for permission to appeal a court decision to a higher court"

Illustration for Criminal Procedure Act 2011

If you want to appeal to the Supreme Court, you must follow the rules in Part 4 of the Senior Courts Act 2016, especially sections 73 to 75 of that Act. You need to check if you are allowed to appeal to other courts. If you are not sure, you can look at this Part or other Acts to see if you need permission to appeal.

When an appeal court decides whether to give you permission to appeal, their decision is final unless this Part or another Act says otherwise. The court will only hear your appeal if you have met all the necessary requirements.

You must meet any leave requirements before the court will consider your appeal.

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Crime and justice > Courts and legal help
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Part 6Appeals
General matters

213Leave to appeal

  1. All rights of appeal to the Supreme Court under this Part are subject to Part 4 of the Senior Courts Act 2016. See, especially, sections 73 to 75 of that Act.

  2. Leave to appeal to any court other than the Supreme Court under this Part is required only if leave is expressly required by this Part or any other Act.

  3. An appeal court's decision to give or refuse leave for the purposes of this Part is final unless otherwise expressly provided by this Part or any other Act.

  4. The duty of an appeal court to determine an appeal is subject to any leave requirements being met.

Notes
  • Section 213(1): replaced, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).