The Courts of Justice Act 1924 is amended -

(a) in section 29 -

(i) by the insertion of the following subsections after subsection (2):

"(2A) Subject to subsection (2B), a person who has appealed his or her conviction to the Court of Criminal Appeal and who has been granted a re-trial by that Court, may, without prejudice to the determination by the Court to grant a re-trial, appeal to the Supreme Court in respect of a matter raised by him or her in the Court of Criminal Appeal in relation to which that Court -

(a) did not make a determination, or

(b) made a determination against him or her.

(2B) A person may only appeal to the Supreme Court where -

(a) the matter which is the subject of the appeal is one that is relevant to the conduct of his or her defence in the re-trial, and

(b) the Court of Criminal Appeal or the Attorney General in any case or, if he or she is the prosecuting authority in the matter, the Director of Public Prosecutions, certifies that the matter involves a point of law of exceptional public importance and that it is desirable in the public interest that the person should take an appeal to the Supreme Court.",

and

(ii) by the substitution, in subsection (5A) of "(2), (2A), (2B) or (3)" for "(2) or (3)",

(b) by the substitution of the following section for section 31: