Criminal Appeal Act 1968

Changes over time for: Section 50

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Criminal Appeal Act 1968, Section 50 is up to date with all changes known to be in force on or before 11 November 2024. 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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s. 50(2A) inserted by 2024 c. 21 s. 18(8)

50 Meaning of “sentence”.E+W

[F1(1)In this Act “sentence”, in relation to an offence, includes any order made by a court when dealing with an offender including, in particular—

(a)a hospital order under Part III of the M1Mental Health Act 1983, with or without a restriction order;

(b)an interim hospital order under that Part;

[F2(bb)a hospital direction and a limitation direction under that Part;]

(c)a recommendation for deportation;

[F3(ca)a confiscation order under Part 2 of the Proceeds of Crime Act 2002 [F4(but not a determination under section 10A of that Act)];

(cb)an order which varies a confiscation order made under Part 2 of the Proceeds of Crime Act 2002 if the varying order is made under section 21, 22 or 29 of that Act (but not otherwise);]

(d)a confiscation order under the [F5Drug Trafficking Act 1994] other than one made by the High Court;

(e)a confiscation order under Part VI of the M2Criminal Justice Act 1988;

(f)an order varying a confiscation order of a kind which is included by virtue of paragraph (d) or (e) above;

(g)an order made by the Crown Court varying a confiscation order which was made by the High Court by virtue of [F6section 19 of the Act of 1994]; and

(h)a [F7declaration of relevance, within the meaning of section 23 of] the M3Football Spectators Act 1989[F8; and

(i)an order under section 129(2) of the Licensing Act 2003 (forfeiture or suspension of personal licence).]]

[F9(1A)[F10Section 82 of the Sentencing Code] (under which a conviction of an offence for which F11... an order for a conditional or absolute discharge is made is deemed not to be a conviction except for certain purposes) shall not prevent an appeal under this Act, whether against conviction or otherwise.]

(2)Any power of the criminal division of the Court of Appeal to pass a sentence includes a power to make a recommendation for deportation in cases where the court from which the appeal lies had power to make such a recommendation.

[F12(3)An order [F13relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012] is not a sentence for the purposes of this Act.]

Textual Amendments

F1S. 50(1) substituted (14.8.1995) by 1993 c. 36, s. 78(3), Sch. 5 Pt. I para. 1; S.I. 1995/1958, art. 2

F2S. 50(1)(bb) inserted (1.10.1997) by 1997 c. 43, s. 55(1), Sch. 4 para. 6(1)(a); S.I. 1997/2200, art. 2(1)(l)(2)(c)

F3S. 50(1)(ca)(cb) inserted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 4(3); S.I. 2003/333, art. 2, Sch.

F4Words in s. 50(1)(ca) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 3; S.I. 2015/820, reg. 3(q)(i)

F5Words in s. 50(1)(d) substituted (3.2.1995) by 1994 c. 37, ss. 65(1), 69(2), Sch. 1 para. 2

F6Words in s. 50(1)(g) substituted (3.2.1995) by 1994 c. 37, ss. 65(1), 69(2), Sch. 1 para. 2(b)

F7Words in s. 50(1)(h) substituted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 14(2)(a) (with Sch. 3 para. 14(3)); S.I. 2007/858, art. 2(k)

F8S. 50(1)(i) and preceding word inserted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 42 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F9S. 50(1A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 66(1)

F10Words in s. 50(1A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 12 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F11Words in s. 50(1A) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 100, 101(2), Sch. 11 para. 4, Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2