PART 2 APPEALS

Subject to the provisions of subsection (2), the Court of Appeal established by Part 1 of this Chapter shall be constituted by three Judges sitting together.

A Judge shall not sit as a Judge of the Court of Appeal on the hearing of an appeal -

1. from any decision given by himself or any decision given by any court of which he was sitting as a member; or

2. against a conviction or sentence if he was the judge by or before whom the appellant was convicted.

Notwithstanding anything contained in Part 1 of this Chapter, Parliament may make provision -

1. for implementing arrangements made, between the Government of Barbados and the Government or Governments of any other part of parts of the Commonwealth relating to the establishment of a court of appeal to be shared by Barbados with that part or those parts of the Commonwealth, and for the hearing and determination by such a court of appeals from decisions of any court in Barbados; or

2. for the hearing and determination of appeals from decisions of any court in Barbados by a court established for any other part of the Commonwealth.

A law enacted in pursuance of subsection (1) may provide that the jurisdiction conferred on any such court as is referred to in that subsection shall be to the exclusion, in whole or in part, of the jurisdiction of the Court of Appeal established by Part 1 of this Chapter; and during any period when jurisdiction is so conferred to the exclusion of the whole jurisdiction of the said Court of Appeal, Parliament may suspend the provisions of the said Part 1 establishing that Court.

In subsection (1) the expression "any court in Barbados" includes the Court of Appeal established by Part 1 of this Chapter.

An appeal to the Court of Appeal shall lie as of right form final decisions of the High Court given in exercise of the jurisdiction conferred on the High Court by section 24 (which relates to the enforcement for fundamental rights and freedoms).

An appeal shall lie as of right to Her Majesty in Council from any decision given by the Court of Appeal in any such case.

In this section "the Court of Appeal" means such court as may be vested with jurisdiction to hear appeals from any court in Barbados in pursuance of section 86 or, if there is no such court, the Court of Appeal established by Part 1 of this Chapter.

Parliament may provide for an appeal to lie from -

1. decision of the Court of Appeal established by Part 1 of this Chapter; or

2. decisions of any other court in exercise of jurisdiction conferred by a law enacted in pursuance of section 86(1),

   to Her Majesty in Council, either as of right or with the leave of the said Court of Appeal or other court, as the case may be, in such cases other than those referred to in section 87(2) as may be prescribed by Parliament.

Nothing in this Constitution shall effect any right of Her Majesty to grant special leave to appeal from decision such as are referred to in subsection (1).