Criminal Appeal Act 1995

Part IV U.K. Supplementary

29 Minor and consequential amendments and repeals. E+W+N.I.

(1) Schedule 2 (minor and consequential amendments) shall have effect.

(2) The enactments specified in Schedule 3 (which include spent provisions) are repealed to the extent specified in the third column of that Schedule.

Commencement Information

I1 S. 29 wholly in force at 31.3.1997; s. 29 not in force at Royal Assent see s. 32(1); s. 29 in force for certain purposes at 1.1.1996 by S.I. 1995/3061, art. 3(d); s. 29 in force at 31.3.1997 insofar as not already in force by S.I. 1997/402, art. 3(d)

30 Interpretation. E+W+N.I.

(1) In this Act—

• “the 1968 Act” means the M1 Criminal Appeal Act 1968,

• “the 1980 Act” means the M2 Criminal Appeal (Northern Ireland) Act 1980,

• “the Commission” means the Criminal Cases Review Commission,

• [F1 “the Court Martial Appeals Act” means the Court Martial Appeals Act 1968,]

• “enactment” includes an enactment comprised in Northern Ireland legislation, and

• “investigating officer” means a person appointed under section 19 to carry out inquiries.

(2) In this Act “sentence”—

(a) in section 9 has the same meaning as in the 1968 Act,

(b) in section 10 has the same meaning as in Part I of the 1980 Act,

(c) in section 11 has the same meaning as in section 108 of the M3 Magistrates’ Courts Act 1980, F2 ...

(d) in section 12 has the same meaning as in Article 140(1) of the M4 Magistrates’ Courts (Northern Ireland) Order 1981.

[F3 (e) in section 12A has the same meaning as in the Court Martial Appeals Act,

(f) in section 12B has the same meaning as in section 285 of the Armed Forces Act 2006.]

Textual Amendments

F1 Words in s. 30(1) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 10(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F2 Word in s. 30(2)(c) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F3 S. 30(2)(e)(f) added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 10(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Marginal Citations

M1 1968 c. 19.

M2 1980 c. 47.

M3 1980 c. 43.

M4 S.I. 1981/1675 (N.I.26).

31 Financial provision. U.K.

(1) There shall be paid out of money provided by Parliament—

(a) any expenditure of the Secretary of State incurred in connection with the Commission, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

(2) Any sums received by the Treasury under or by virtue of this Act (so far as not used as an appropriation in aid) shall be paid into the Consolidated Fund.

Commencement Information

I2 S. 31 wholly in force at 1.1.1997; s. 31 not in force at Royal Assent see s. 32(1); s. 31(1)(b)(2) in force at 1.1.1996 by S.I. 1995/3061, art. 3(f); s. 31(1)(a) in force at 1.1.1997 by S.I. 1996/3149, art. 3

32 Commencement. U.K.

(1) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different provisions or for different purposes.

(2) An order under subsection (1) may include such transitional provisions and savings as appear to the Secretary of State to be necessary or desirable.

Subordinate Legislation Made

P1 S. 32(1) power partly exercised (27.11.1995): 1.1.1996 appointed for specified provisions by S.I. 1995/3061, art. 3 (subject to savings in art. 4)

S. 32(1) power partly exercised (4.12.1996): 12.12.1996 appointed for specified provisions by S.I. 1995/3041, art. 2

S. 32(1) power partly exercised (16.12.1996): 1.1.1997 appointed for specified provisions by S.I. 1996/3149, art. 3

S. 32(1) poer partly exercised (17.2.1997); 31.3.1997 appointed for specified provisions by S.I. 1997/402, art. 3 (subject to transitional provisions in art. 4)

33 Extent. U.K.

(1) The provisions of Parts I and III and of Schedules 2 and 3 have the same extent as the enactments which they amend or repeal.

(2) Section 8 and Schedule 1 and sections 13 to 25 extend only to England and Wales and Northern Ireland.

(3) Sections 9 and 11 extend only to England and Wales.

(4) Sections 10 and 12 extend only to Northern Ireland.

[F4 (5) Nothing in this section affects the extent of—

(a) section 12A or 12B;

(b) section 14(4A) and (4B) so far as relating to the Court Martial Appeal Court; or

(c) section 14(5) so far as relating to the Service Civilian Court.

(6) Section 384 of the Armed Forces Act 2006 (Channel Islands, Isle of Man and British overseas territories) applies in relation to the provisions mentioned in subsection (5) above as it applies in relation to that Act.]

Textual Amendments

F4 S. 33(5)(6) added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 11; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

34 Short title. U.K.

This Act may be cited as the Criminal Appeal Act 1995.