Criminal Appeal Act 1968

1. Introductory Text

2. Part I Appeal to Court of Appeal in Criminal Cases

   1. Appeal against conviction on indictment

      1. 1. Right of appeal.

      2. 2. Grounds for allowing appeal under s. 1.

      3. 3. Power to substitute conviction of alternative offence.

      4. 3A. Power to substitute conviction of alternative offence after guilty plea

      5. 4. Power to re-sentence where appellant remains convicted of related offences.

      6. 5. Disposal of appeal against conviction on special verdict.

      7. 6. Substitution of finding of insanity or findings of unfitness to plead etc.

   2. Retrial

      1. 7. Power to order retrial.

      2. 8. Supplementary provisions as to retrial.

   3. Appeal against sentence

      1. 9. Appeal against sentence following conviction on indictment.

      2. 10. Appeal against sentence in other cases dealt with at assizes or quarter sessions.

      3. 11. Supplementary provisions as to appeal against sentence.

      4. 11A. Quashing of certain confiscation orders: supplementary

   4. Appeal in cases of insanity

      1. 12. Appeal against verdict of not guilty by reason of insanity.

      2. 13. Disposal of appeal under s. 12.

      3. 14. Substitution of findings of unfitness to plead etc.

      4. 14A. Substitution of verdict of acquittal.

   5. Unfitness to stand trial

      1. 15. Right of appeal against finding of disability.

      2. 16. Disposal of appeal under s. 15.

   6. Appeal against order made in cases of insanity or unfitness to plead

      1. 16A. Right of appeal against hospital order etc.

      2. 16B. Disposal of appeal under s. 16A

   7. Appeals following references by the CCRC

      1. 16C. Power to dismiss certain appeals following references by the CCRC

   8. Review by Court of Appeal of cases tried on indictment

      1. 17. Appeal to Court of Appeal in Criminal Cases

   9. Procedure from notice of appeal to hearing

      1. 18. Initiating procedure.

      2. 18A. Appeals in cases of contempt of court.

      3. 19. Bail.

      4. 20. Disposal of groundless appeal or application for leave to appeal.

      5. 21. Preparation of case for hearing.

   10. The hearing

       1. 22. Right of appellant to be present.

       2. 23. Evidence.

       3. 23A. Power to order investigations.

       4. 24—28. Appeal to Court of Appeal in Criminal Cases

   11. Other matters depending on result of appeal

       1. 29. Effect of appeal on sentence.

       2. 30. Restitution of property.

   12. Supplementary

       1. 30A. Effect of interim hospital orders

       2. 31. Powers of Court ...which are exercisable by single judge.

       3. 31A. Powers of Court under Part I which are exercisable by registrar.

       4. 31B. Procedural directions: powers of single judge and registrar

       5. 31C. Appeals against procedural directions

       6. 32. Transcripts.

3. Part II Appeal to House of Lords from Court of Appeal (Criminal Division)

   1. The appeal

      1. 33. Right of appeal to Supreme Court .

      2. 34. Application for leave to appeal.

      3. 35. Hearing and disposal of appeal.

   2. Matters preliminary to hearing

      1. 36. Bail on appeal by defendant.

      2. 37. Detention of defendant on appeal by the Crown.

      3. 37A. Continuation of community treatment order on appeal by the Crown

      4. 38. Presence of defendant at hearing.

      5. 39—41. Matters preliminary to hearing

   3. Supplementary

      1. 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 43. Effect of appeal on sentence.

      3. 44. Powers of Court of Appeal under Part II which are exercisable by single judge.

      4. 44A. Appeals in cases of death.

4. Part III Miscellaneous and General

   1. 45. Construction of references in Parts I and II to Court of Appeal and a single judge.

   2. 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   3. 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   4. 48. Appeal in capital cases.

   5. 49. Saving for prerogative of mercy.

   6. 50. Meaning of “sentence”.

   7. 51. Interpretation.

   8. 52. Consequential amendment of enactments.

   9. 53. Transitional provisions.

   10. 54. Repeals.

   11. 55. Short title, commencement and extent.

5. SCHEDULES

   1. SCHEDULE 1

      1. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   2. SCHEDULE 2

      Procedural and Other Provisions Applicable on Order for Retrial

      1. Evidence

         1. 1. On a retrial, paragraphs 1 and 2 of Schedule 2...

         2. 2. Paragraph 5 of Schedule 3 to the Crime and Disorder...

      2. Sentence on conviction at retrial

         1. 2. (1) Where a person ordered to be retried is again...

      3. 3. Procedural and Other Provisions Applicable on Order for Retrial

   3. SCHEDULE 3

      Application of Provisions in Part III of Mental Health Act 1983 where Order made under Section 16(3) of this Act

      1. 1. . . . . . . . . . ....

      2. Order for continued detention under Act of 1983

         1. 2. Where an order is made by the Court of Appeal...

   4. SCHEDULE 4

      Procedural and other Modifications for Capital Cases

      1. Appeal to Court of Appeal

         1. 1. . . . . . . . . . ....

         2. 2. . . . . . . . . . ....

      2. Appeal to Supreme Court

         1. 3. . . . . . . . . . ....

         2. 4. . . . . . . . . . ....

   5. SCHEDULE 5

      Amendment of Enactments

      1. Part I Miscellaneous Consequential Amendments

         1. . . .

         2. . . .

         3. The Sentence of Death (Expectant Mothers) Act 1931 (c. 24)

         4. The Children and Young Persons Act (c. 12)

         5. The Costs in Criminal Cases Act 1952 (c. 48)

            1. Section 7 After the word “Act” there shall be inserted...

         6. The Prison Act 1952 (c. 52)

         7. The Geneva Conventions Act 1957 (c. 52)

            1. (1) Where a protected prisoner of war or protected internee...

         8. . . .

         9. . . .

         10. The Criminal Justice Administration Act 1962 (c. 15)

         11. . . .

      2. Part II . . .

   6. SCHEDULE 6

      Transitional Provisions

      1. 1. (1) Any right of appeal subsisting immediately before the commencement...

      2. 2. (1) In so far as any order made, direction given...

      3. 3. (1) The mention of particular matters in this Schedule shall...

   7. SCHEDULE 7

      Repeals