Commentary on Sections Part 9: Prosecution Appeals Section 61: Determination of appeal by Court of Appeal
283.This section sets out the powers of the Court of Appeal when determining a prosecution appeal. This needs to be read in conjunction with section 67.
284.Subsection (1) authorises the Court of Appeal to confirm, reverse or vary a ruling appealed against. The section is drafted to ensure that, after the Court of Appeal has ordered one or other of these disposals, it must then always make it clear what is to happen next in the case.
285.When the Court of Appeal confirms a ruling, subsection (3) and (7) provide that it must then order the acquittal of the defendant(s) for the offence(s) which are the subject of the appeal.
286.When the Court of Appeal reverses or varies a ruling, subsections (4) and (8) provide that it must either order a resumption of the Crown Court proceedings or a fresh trial, or order the acquittal of the defendant(s) for the offence(s) under appeal. By virtue of subsections (5) and (8), the Court of Appeal will only order the resumption of the Crown Court proceedings or a fresh trial where it considers it necessary in the interests of justice to do so.