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‹ Article 63

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Amendment history

Change type Date Amendment
omitted 28th Oct, 2015 am. 33
Below is the latest text of Article 64, as omitted on 28th Oct, 2015 by the 33rd Amendment.

Article 64.

  1. 1:
    In this Article “the establishment day” has the same meaning as it has in Article 34A of this Constitution.
  2. 2:
    1. 1°:
      Sections 3 and 4 hereof apply to an appeal to the Supreme Court initiated before the establishment day that has not been heard, in full or in part, by the Supreme Court before that day.
    2. 2°:
      For the purposes of this Article, an appeal shall not be taken to have been heard in part by reason of the Supreme Court having heard an interlocutory application relating to the appeal or, unless the appeal itself is confined to a procedural matter, the Supreme Court having heard any procedural application or motion in the matter.
  3. 3:
    1. 1°:
      On or after the establishment day, the Chief Justice may, if the Chief Justice is satisfied that it is in the interests of the administration of justice and the efficient determination of appeals to do so, and with the concurrence of the other judges of the Supreme Court, give a direction under the seal of the Court providing that each appeal to which this section applies falling within a class of appeals specified in the direction shall be heardand determined by the Court of Appeal and, where such a direction is given, the Court of Appeal shall, subject to subsection 3° hereof, have jurisdiction to hear and determine each appeal the subject of that direction accordingly.
    2. 2°:
      A direction under subsection 1° hereof may contain provision for any matter that the Chief Justice considers it appropriate to provide for in consequence of the appeals concerned being heard and determined by the Court of Appeal and any such provision shall have like effect to a provision contained in an order made by the Supreme Court.
    3. 3°:

      The Supreme Court, on application to it that complies with such, if any, regulations as may be prescribed by law and made by any of the parties to an appeal the subject of a direction under subsection 1°, may, if it is satisfied that it is just to do so, make an order—

      1. i:
        cancelling the effect of that direction, or
      2. ii:
        cancelling or varying the effect of any provision, referred to in subsection 2° hereof, of that direction,

      so far as it relates to that appeal.

  4. 4:
    1. 1°:
      If, on application to it that complies with such, if any, regulations as may be prescribed by law and made by any of the parties to the appeal, the Supreme Court is satisfied that it is in the interests of the administration of justice and the efficient determination of appeals to do so, the Supreme Court may make an order providing that the appeal shall be heard and determined by the Court of Appeal and, where such an order is made, the Court of Appeal shall have jurisdiction to hear and determine the appeal accordingly.
    2. 2°:
      An order under subsection 1° hereof may contain provision for any matter that the Supreme Court considers it appropriate to provide for in consequence of the appeal being heard and determined by the Court of Appeal.
  5. 5:
    Save to the extent provided by any direction given or order made pursuant to the powers conferred by section 3 or 4 hereof, the exercise by the Supreme Court of its jurisdiction in relation to appeals to that Court initiated before the establishment day shall not be affected by the amendments of this Constitution made by the Thirty-third Amendment of the Constitution (Court of Appeal) Act 2013.
  6. 6:
    Notwithstanding any amendments of this Constitution made as aforesaid, the Supreme Court shall continue to have appellate jurisdiction from decisions of the Court of Criminal Appeal that stood established before the establishment day to the extent provided, and subject to the same regulations as were prescribed, by law immediately before the establishment day, and sections 3 and 4 hereof shall not apply to an appeal from a decision of the Court of Criminal Appeal.
  7. 7:
    This Article shall be omitted from every official text of this Constitution published on or following the expiry of one year after the establishment day.
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