Criminal Justice Act 2003

Criminal Appeal Act 1968 (c. 19) E+W

86 E+W The Criminal Appeal Act 1968 is amended as follows.

Commencement Information

I1 Sch. 36 para. 86 wholly in force at 1.9.2004, see s. 336(3) and S.I. 2004/1629, art. 3(1)(2) (subject to art. 3(3)(4))

87 E+W In section 31(1) (powers of Court of Appeal exercisable by single judge) after paragraph (a) there is inserted—

“(aa) the power to give leave under section 14(4B) of the Criminal Appeal Act 1995;”.

Commencement Information

I2 Sch. 36 para. 87 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (subject to art. 2(2), Sch. 2)

88 E+W In section 31A (powers of Court of Appeal exercisable by registrar) after subsection (4) there is inserted—

“(5) In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.”

Commencement Information

I3 Sch. 36 para. 88 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (subject to art. 2(2), Sch. 2)

89 E+W In section 45 (construction of references to Court of Appeal)—

(a) in subsection (1), for “section 44A” there is substituted “ sections 44A and 51 ”,

(b) in subsection (2) after “sections” there is inserted “ 23A, ”.

Commencement Information

I4 Sch. 36 para. 89 wholly in force at 1.9.2004, see s. 336(3) and S.I. 2004/1629, art. 3(1)(2) (subject to art. 3(3)(4))

90 (1) Section 51 (interpretation) is amended as follows. E+W

(2) In subsection (1) the definition of “the defendant” is omitted.

(3) After that subsection there is inserted—

“(1A) In Part 2 of this Act “the defendant”—

(a) in relation to an appeal under section 33(1) of this Act against a decision of the Court of Appeal on an appeal under Part 1 of this Act, means the person who was the appellant before the Court of Appeal,

(b) in relation to an appeal under section 33(1) of this Act against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court of Appeal, and

(c) in relation to an appeal under section 33(1B) of this Act, shall be construed in accordance with section 33(4) of this Act;

and, subject to section 33(1A) of this Act, “prosecutor” shall be construed accordingly.”

Commencement Information

I5 Sch. 36 para. 90 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (subject to art. 2(2), Sch. 2)