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Criminal Appeal Act 1968
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Changes over time for: Section 4
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Criminal Appeal Act 1968, Section 4 is up to date with all changes known to be in force on or before 05 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 4:
- s. 50(2A) inserted by 2024 c. 21 s. 18(8)
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 50(2A) inserted by 2024 c. 21 s. 18(8)
4 [F1Power to re-sentence where appellant remains convicted of related offences.]E+W
[F2(1)This section applies where—
(a)two or more related sentences are passed,
(b)the Court of Appeal allow an appeal against conviction in respect of one or more of the offences for which the sentences were passed (“the related offences”), but
(c)the appellant remains convicted of one or more of those offences.]
(2)Except as provided by subsection (3) below, the Court may [F3in respect of any related offence of which the appellant remains convicted] pass such sentence, in substitution for any sentence passed thereon at the trial, as they think proper and is authorised by law F4... .
(3)The Court shall not under this section pass any sentence such that the appellant’s sentence [F5(taken as a whole) for all the related offences of which he remains convicted] will, in consequence of the appeal, be of greater severity than the sentence (taken as a whole) which was passed at the trial [F6for all the related offences].
[F7(4)For the purposes of subsection (1)(a), two or more sentences are related if—
(a)they are passed on the same day,
(b)they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence, or
(c)they are passed on different days but in respect of counts on the same indictment.
(5)Where—
(a)two or more sentences are related to each other by virtue of subsection (4)(a) or (b), and
(b)any one or more of those sentences is related to one or more other sentences by virtue of subsection (4)(c),
all the sentences are to be treated as related for the purposes of subsection (1)(a).]
Textual Amendments
F1S. 4 heading substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 6(2); S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 4)
F2S. 4(1) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 6(3); S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 4)
F3Words in s. 4(2) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 6(4)(a); S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 4)
F4Words in s. 4(2) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 6(4)(b), Sch. 28 Pt. 3; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 26, 50(3)(a) (with Sch. 2 para. 4)
F5Words in s. 4(3) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 6(5)(a); S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 4)
F6Words in s. 4(3) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 6(5)(b); S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 4)
F7S. 4(4)(5) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 6(6); S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 4)
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