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Criminal Procedure Act 2011

Appeals - Solicitor-General's references

316: Procedure for appeals under section 315

You could also call this:

"How to appeal a decision under section 315 of the law"

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If you want to appeal under section 315, you must apply within 30 working days of the decision you are appealing against. The Supreme Court can extend this time if it wants to. You can apply under section 315(1) and the Supreme Court can then decide what to do.

The Supreme Court can refuse your application, or it can give you permission to appeal and hear the case itself, or it can send the case to the Court of Appeal. If the Supreme Court gives you permission to appeal and decides to hear the case itself, or if it gives you permission under section 315(2), it must appoint a lawyer to help the court and hold a hearing. The court will then make a decision on the case.

If the Supreme Court is hearing a case under this section, it is treated as an appeal for the purposes of section 178 of the Senior Courts Act 2016. The Supreme Court's decision does not change anything that has already happened in the case in another court. Some rules from section 314 also apply if the Supreme Court sends the case to the Court of Appeal.

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Crime and justice > Courts and legal helpCrime and justice > Criminal law
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Part 6Appeals
Solicitor-General's references

316Procedure for appeals under section 315

  1. An application for leave under section 315(1) or (2) must be made within 30 working days after the date of the determination appealed against.

  2. The Supreme Court may, at any time, extend the time allowed for filing the application for leave.

  3. The Supreme Court may, on an application under section 315(1),—

  4. refuse to give leave; or
    1. give leave and direct that the Court of Appeal hear and determine the question as if it were a reference under section 313; or
      1. give leave and hear and determine the question itself.

        1. Subsection (5) applies if the Supreme Court—

        2. gives leave to appeal under section 315(1) and decides to hear and determine the question itself; or
          1. gives leave under section 315(2).

            1. The Supreme Court must, if this subsection applies,—

            2. appoint counsel to assist the court; and
              1. deal with the appeal or reference by way of a hearing involving oral submissions; and
                1. determine the question referred.

                  1. For the purpose of section 178 of the Senior Courts Act 2016, a hearing of a reference by the Supreme Court under this section must be treated as an appeal.

                  2. The Supreme Court's determination of a reference under section 315 does not affect anything done in any proceeding to which the reference relates by another court before the date of that determination.

                  3. Section 314(4) to (6) apply with the necessary modifications if the Supreme Court directs the Court of Appeal to hear and determine a question.

                  Notes
                  • Section 316(6): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).