Criminal Appeal Act 1912 No 16
6AA Appeal against sentence may be heard by 2
(1) The Chief Justice may direct that proceedings under this Act on an
appeal (including proceedings on an application for leave to appeal) against a
sentence be heard and determined by such 2 judges of the Supreme Court as the
Chief Justice directs.
(2) Such a direction may only be given if the Chief Justice is of the
opinion that the appeal is not likely to require the resolution of a disputed
issue of general principle.
(3) For the purposes of proceedings the subject of a direction under
this section, the Court of Criminal Appeal is constituted by the 2 judges
directed by the Chief Justice.
(4) The decision of the court when constituted by 2 judges is to be in
accordance with the opinion of those judges.
(5) If the judges are divided in opinion:
(a) as to the decision determining the proceedings, the proceedings
are to be reheard and determined by the court constituted by such 3 judges as
the Chief Justice directs (including, if practicable, the 2 judges who first
heard the proceedings on appeal), or
(b) as to any other decision, the decision of the court is to be in
accordance with the opinion of the senior judge
(6) Proceedings heard by the court constituted by 2 judges under this
section are rendered abortive for the purposes of section 6A (1) (a1) of the
Suitors’ Fund Act 1951
if they are required to be reheard because the judges were divided in opinion
as to the decision determining the proceedings. The rehearing of the
proceedings is considered to be a new trial for the purposes of that