Should the Court of Appeal be able to block appeals to the UK Supreme Court against legal rulings it has delivered in criminal cases?
The question is of particular importance to two former bankers who lost their appeals against fraud convictions last week after they were found to have rigged benchmark interest rates.
In civil proceedings, an appeal to the Supreme Court requires permission from either the Court of Appeal or the Supreme Court itself. Court rules say you have to ask the lower court first. If permission is refused — as it usually is — you can then ask the Supreme Court for permission.
That means the Supreme Court can mostly choose its own cases — dining à la carte, as it is said.
In a criminal case, the law is different:
An appeal lies to the Supreme Court… only with the leave of the Court of Appeal or the Supreme Court; and leave shall not be granted unless it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision . . .
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