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MacPherson v Sunderland City Council [2024] EWCA Civ 1579

Appeal against committal order - Court of Appeal's powers

There was reason to believe (under MCA 2005 s48) that the appellant lacked capacity in relation to this appeal against a committal order. The Court of Appeal has all the powers of a lower court (whether that be the Court of Protection or otherwise) in relation to an appeal so it can make an interim declaration and refer any issue for determination by that lower court. The questions of the appellant's current capacity, and her capacity when sentenced, were referred to a Tier 3 COP judge for determination, after which the Court of Appeal will hear the case again. The stay of the sentence of imprisonment was continued, the bench warrant was discharged, and the appeal was adjourned, but the injunctions remained in force.