Commentary on Sections Appeals Section 33: Appeal to House of Lords
73.Section 33 enables the Court of Appeal’s decision to be further appealed to the House of Lords. Section 33 provides the House of Lords with similar powers to the Court of Appeal. They are not identical, however, because the House of Lords is reviewing the decision of the Court of Appeal, rather than the original decision of the Crown Court. Where a confiscation order has been made or confirmed by the Court of Appeal, the House of Lords may confirm, quash or vary the order. Where the Court of Appeal confirms the Crown Court’s decision not to make a confiscation order or quashes the Crown Court’s order, the House of Lords may confirm the decision or remit the case to the Crown Court, with directions, to proceed afresh. For practical reasons, the House of Lords will not itself proceed under section 6.