Criminal Appeal Act 1968

1968 CHAPTER 19

An Act to consolidate certain enactments relating to appeals in criminal cases to the criminal division of the Court of Appeal, and thence to the House of Lords.

[8th May 1968]

Extent Information

E1 Act extends to England and Wales; for exceptions in Sch. 5 see s. 55(3)

Modifications etc. (not altering text)

C1 By Criminal Justice Act 1991 (c. 53, SIF 39:1), S. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act to youth courts shall be construed as references to juvenile courts.

Commencement Information

I1 Act not in force at Royal Assent, Act wholly in force at 1.9.1968 see s. 55(2).

Part I E+W Appeal to Court of Appeal in Criminal Cases

Appeal against conviction on indictment E+W

1 Right of appeal. E+W

(1) [F1 Subject to subsection (3) below] a person convicted of an offence on indictment may appeal to the Court of Appeal against his conviction.

[F2 (2) An appeal under this section lies only—

(a) with the leave of the Court of Appeal; or

(b) if the judge of the court of trial grants a certificate that the case is fit for appeal.]

[F3 (3) Where a person is convicted before the Crown Court of a scheduled offence it shall not be open to him to appeal to the Court of Appeal against the conviction on the ground that the decision of the court which [F4 committed him][F4 sent him to the Crown Court] for trial as to the value involved was mistaken.

(4) In subsection (3) above “scheduled offence” and “the value involved” have the same meanings as they have in section 22 of the Magistrates’ Courts Act 1980 (certain offences against property to be tried summarily if value of property or damage is small).]

Textual Amendments

F1 Words inserted by Magistrates' Courts Act 1980 (c. 43), Sch. 7 para. 71(a)

F2 S. 1(2) substituted (1.1.1996) by 1995 c. 35, s. 1(1); S.I. 1995/3061, art. 3(a) (with art. 4)

F3 S. 1(3)(4) inserted by the Magistrates' Courts Act 1980 (c. 43), Sch. 7 para. 71(b)

F4 Words in s. 1(3) substituted (9.5.2005 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 44(2); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1

Modifications etc. (not altering text)

C2 S. 1 extended (19.2.2001) by 2000 c. 11, s. 7(4)(b); S.I. 2001/421, art. 2(a)

C3 S. 1 extended (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 12(4)(c)

2 Grounds for allowing appeal under s. 1. E+W

[F5 (1) Subject to the provisions of this Act, the Court of Appeal—

(a) shall allow an appeal against conviction if they think that the conviction is unsafe; and

(b) shall dismiss such an appeal in any other case.]

(2) In the case of an appeal against conviction the Court shall, if they allow the appeal, quash the conviction.

(3) An order of the Court of Appeal quashing a conviction shall, except when under section 7 below the appellant is ordered to be retried, operate as a direction to the court of trial to enter, instead of the record of conviction, a judgment and verdict of acquittal.

Textual Amendments

F5 S. 2(1) substituted (1.1.1996) by 1995 c. 35, s. 2(1); S.I. 1995/3061, art. 3(a) (with art. 4)

Modifications etc. (not altering text)

C4 S. 2(1) modified (24.7.2002) by 1999 c. 23, s. 56(5) (with s. 63(2), Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2

3 Power to substitute conviction of alternative offence. E+W

(1) This section applies on an appeal against conviction, where the appellant has been convicted of an offence [F6 to which he did not plead guilty] and the jury could on the indictment have found him guilty of some other offence, and on the finding of the jury it appears to the Court of Appeal that the jury must have been satisfied of facts which proved him guilty of the other offence.

(2) The Court may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of the other offence, and pass such sentence in substitution for the sentence passed at the trial as may be authorised by law for the other offence, not being a sentence of greater severity.

Textual Amendments

F6 Words in s. 3(1) inserted (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 316(2), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(c)

[F7 3A Power to substitute conviction of alternative offence after guilty plea E+W

(1) This section applies on an appeal against conviction where—

(a) an appellant has been convicted of an offence to which he pleaded guilty,

(b) if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and

(c) it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of the other offence.

(2) The Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of the other offence and pass such sentence in substitution for the sentence passed at the trial as may be authorised by law for the other offence, not being a sentence of greater severity.]

Textual Amendments

F7 S. 3A inserted (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 316(3), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(c)

4 Sentence when appeal allowed on part of an indictment. E+W

(1) This section applies where, on an appeal against conviction on an indictment containing two or more counts, the Court of Appeal allow the appeal in respect of part of the indictment.

(2) Except as provided by subsection (3) below, the Court may in respect of any count on 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 for the offence of which he remains convicted on that count.

(3) The Court shall not under this section pass any sentence such that the appellant’s sentence on the indictment as a whole will, in consequence of the appeal, be of greater severity than the sentence (taken as a whole) which was passed at the trial for all offences of which he was convicted on the indictment.

5 Disposal of appeal against conviction on special verdict. E+W

(1) This section applies on an appeal against conviction [F8 in a case where] the jury have found a special verdict.

(2) If the Court of Appeal consider that a wrong conclusion has been arrived at by the court of trial on the effect of the jury’s verdict they may, instead of allowing the appeal, order such conclusion to be recorded as appears to them to be in law required by the verdict, and pass such sentence in substitution for the sentence passed at the trial as may be authorised by law.

Textual Amendments

F8 Words in s. 5(1) substituted (1.1.1996) by 1995 c. 35, s. 29(1), Sch. 2 para. 4(2); S.I. 1995/3061, art. 3(d)(h) (with art. 4)

[F9 6 Substitution of finding of insanity or findings of unfitness to plead etc. E+W

(1) This section applies where, on an appeal against conviction, the Court of Appeal, on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved, are of opinion—

(a) that the proper verdict would have been one of not guilty by reason of insanity; or

(b) that the case is not one where there should have been a verdict of acquittal, but there should have been findings that the accused was under a disability and that he did the act or made the omission charged against him.

[F10 (2) The Court of Appeal shall make in respect of the accused—

(a) a hospital order (with or without a restriction order);

(b) a supervision order; or

(c) an order for his absolute discharge.

(3) Where—

(a) the offence to which the appeal relates is an offence the sentence for which is fixed by law, and

(b) the court have power to make a hospital order,

the court shall make a hospital order with a restriction order (whether or not they would have power to make a restriction order apart from this subsection).

(4) Section 5A of the Criminal Procedure (Insanity) Act 1964 (“the 1964 Act”) applies in relation to this section as it applies in relation to section 5 of that Act.

(5) Where the Court of Appeal make an interim hospital order by virtue of this section—

(a) the power of renewing or terminating it and of dealing with the appellant on its termination shall be exercisable by the court below and not by the Court of Appeal; and

(b) the court below shall be treated for the purposes of section 38(7) of the Mental Health Act 1983 (absconding offenders) as the court that made the order.

(6) Where the Court of Appeal make a supervision order by virtue of this section, any power of revoking or amending it shall be exercisable as if the order had been made by the court below.

(7) In this section—

“hospital order” has the meaning given in section 37 of the Mental Health Act 1983;

“interim hospital order” has the meaning given in section 38 of that Act;

“restriction order” has the meaning given to it by section 41 of that Act;

“supervision order” has the meaning given in Part 1 of Schedule 1A to the 1964 Act.]]

Textual Amendments

F9 S. 6 substituted (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 4(1), 8; S.I. 1991/2488, art. 2.

F10 S. 6(2)-(7) substituted (31.3.2005) for s. 6(2)(3) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 24(3), 60 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b)

Retrial E+W

7 Power to order retrial. E+W

(1) Where the Court of Appeal allow an appeal against conviction . . . F11 and it appears to the Court that the interests of justice so require, they may order the appellant to be retried.

(2) A person shall not under this section be ordered to be retried for any offence other than—

(a) the offence of which he was convicted at the original trial and in respect of which his appeal is allowed as mentioned in subsection (1) above;

(b) an offence of which he could have been convicted at the original trial on an indictment for the first-mentioned offence; or

(c) an offence charged in an alternative count of the indictment in respect of which the jury were discharged from giving a verdict in consequence of convicting him of the first-mentioned offence.

Textual Amendments

F11 Words repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 43(1)(5), 170, Sch. 8 para. 16, Sch. 16

8 Supplementary provisions as to retrial. E+W

(1) A person who is to be retried for an offence in pursuance of an order under section 7 of this Act shall be tried on a fresh indictment preferred by direction of the Court of Appeal, . . . F12 [F13 but after the end of two months from the date of the order for his retrial he may not be arraigned on an indictment preferred in pursuance of such a direction unless the Court of Appeal give leave.]

[F14 (1A) Where a person has been ordered to be retried but may not be arraigned without leave, he may apply to the Court of Appeal to set aside the order for retrial and to direct the court of trial to enter a judgment and verdict of acquittal of the offence for which he was ordered to be retried.

(1B) On an application under subsection (1) or (1A) above the Court of Appeal shall have power—

(a) to grant leave to arraign; or

(b) to [F15 set aside the order for retrial and]direct the entry of a judgment and verdict of acquittal, but shall not give leave to arraign unless they are satisfied—

(i) that the prosecution has acted with all due expedition; and

(ii) that there is a good and sufficient cause for a retrial in spite of the lapse of time since the order under section 7 of this Act was made.]

(2) The Court of Appeal may, on ordering a retrial, make such orders as appear to them to be necessary or expedient—

(a) for the custody or [F16 , subject to section 25 of the Criminal Justice and Public Order Act 1994,][F17 release on] bail of the person ordered to be retried pending his retrial; or

(b) for the retention pending the retrial of any property or money forfeited, restored or paid by virtue of the original conviction or any order made on that conviction.

(3) If the person ordered to be retried was, immediately before the determination of his appeal, liable to be detained in pursuance of an order or direction under Part V of the M1 Mental Health Act 1959 [F18 or under Part III of the Mental Health Act 1983 (other than under section 35, 36 or 38 of that Act)],—

(a) that order or direction shall continue in force pending the retrial as if the appeal had not been allowed; and

(b) any order made by the Court of Appeal under this section for his custody or [F17 release on] bail shall have effect subject to the said order or direction.

[F19 (3A) If the person ordered to be retried was, immediately before the determination of his appeal, liable to be detained in pursuance of a remand under [F20 section 36 of the Mental Health Act 1983] or an interim hospital order under [F20 section 38 of that Act], the Court of Appeal may, if they think fit, order that he shall continue to be detained in a hospital or mental nursing home, and in that event [F20 Part III of that Act] shall apply as if he had been ordered under this section to be kept in custody pending his retrial and were detained in pursuance of a transfer direction together with a restriction direction.]

(4) Schedule 2 to this Act has effect with respect to the procedure in the case of a person ordered to be retried, the sentence which may be passed if the retrial results in his conviction and the order for costs which may be made if he is acquitted.

Textual Amendments

F12 Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F13 Words added by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 43(3)(5)

F14 S. 8(1A)(1B) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 43(4)(5), Sch. 8 para. 16

F15 Words in s. 8(1B)(b) inserted (27.9.1999) by 1999 c. 22, ss. 58(2), 108(3)(with s. 107, Sch. 14 para. 7(2))

F16 Words in s. 8(2)(a) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 19; S.I. 1995/721, art. 2, Sch. Appendix A

F17 Words substituted by Bail Act 1976 (c. 63), Sch. 2 Para. 38

F18 Words inserted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 23(b)

F19 S. 8(3A) inserted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 3 para. 36

F20 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 23(c)

Marginal Citations

M1 1959 c. 72.

Appeal against sentence E+W

9 Appeal against sentence following conviction on indictment. E+W

[F21 (1)] A person who has been convicted of an offence on indictment may appeal to the Court of Appeal against any sentence (not being a sentence fixed by law) passed on him for the offence, whether passed on his conviction or in subsequent proceedings.

[F22 (1A) In subsection (1) of this section, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 277 of that Act) that is fixed by law.]

[F21 (2) A person who on conviction on indictment has also been convicted of a summary offence under section 41 of the Criminal Justice Act 1988 (power of Crown Court to deal with summary offence where person committed for either way offence) [F23 or paragraph 6 of Schedule 3 to the Crime and Disorder Act 1998 (power of Crown Court to deal with summary offence where person sent for trial for indictable-only offence)] may appeal to the Court of Appeal against any sentence passed on him for the summary offence (whether on his conviction or in subsequent proceedings) under subsection (7) of that section [F24 or sub-paragraph (4) of that paragraph.]]

Textual Amendments

F21 S. 9 renumbered to become s. 9(1) and s. 9(2) added by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para 16, Sch. 15 para. 20,

F22 S. 9(1A) inserted (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 271(1), 336(2)

F23 Words in s. 9(2) inserted (4.1.1999 for specified purposes and otherwise 15.1.2001) by 1998 c. 37, s. 119, Sch. 8 para. 12; S.I. 1998/2327, art. 4(2)(c), Sch. 2; S.I. 2000/3283, art. 2(c) (subject to art. 3)

F24 Words in s. 9(2) inserted (27.9.1999) by 1999 c. 22, ss. 58(3), 108(3) (with s. 107, Sch. 14 para. 7(2))

Modifications etc. (not altering text)

C5 S. 9 modified (25.8.2000) by 2000 c. 6, ss. 116(9), 168(1)

10 Appeal against sentence in other cases dealt with at assizes or quarter sessions. E+W

(1) This section has effect for providing rights of appeal against sentence when a person is dealt with by [F25 the Crown Court] (otherwise than on appeal from a magistrates’ court) for an offence of which he was not convicted on indictment.

(2) The proceedings from which an appeal against sentence lies under this section are those where an offender convicted of an offence by a magistrates’ court—

(a) is committed by the court to be dealt with for his offence [F25 before the Crown Court]; or

[F26 (b) having been made the subject of an order for conditional discharge [F27 a youth community order within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000 or a community order within the meaning of Part 12 of the Criminal Justice Act 2003] F28 ... or given a suspended sentence, appears or is brought before the Crown Court to be further dealt with for his offence;] F29 ...

F29 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F30 (3) An offender dealt with for an offence before the Crown Court in a proceeding to which subsection (2) of this section applies may appeal to the Court of Appeal against any sentence passed on him for the offence by the Crown Court.]

(4) For purposes of subsection (3)(a) of this section [F31 and section 11 of this Act], any two or more sentences are to be treated as passed in the same proceeding if—

(a) they are passed on the same day; or

(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;

and consecutive terms of imprisonment [F32 or detention] and terms which are wholly or partly concurrent are to be treated as a single term

[F33 (5) If by virtue of an order made under section 14 of the Criminal Justice Act 1982, the term of 4 months specified in section 4 of that Act is increased to a term of 6 months or more, subsection (3)(a) above shall have effect, for so long as the term so specified is 6 months or more, as if after the word “more” there were inserted the words “or an order for his detention in a detention centre for a term of 6 months or more has been made under section 4 of the Criminal Justice Act 1982”].

Textual Amendments

F25 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 57(1)

F26 S. 10(2)(b) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 3; S.I. 1992/333, art. 2(2), Sch. 2

F27 Words in s. 10(2)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 8(2)(a); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(6) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F28 Words in s. 10(2)(b) repealed (30.9.1999) by Crime and Disorder Act 1998 (c. 37), ss. 119, 120(2), Sch. 8 para. 13(1), Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(f)(3)(j)

F29 S. 10(2)(c) and preceding word repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 8(2)(b), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(6), 44(4)(c) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F30 S. 10(3) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 319(2), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 25 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F31 Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 22(2)

F32 Words in s. 10(4) inserted (27.9.1999) by 1999 c. 22, ss. 58(7), 108(3) (with s. 107, Sch. 14 para. 7(2))

F33 S. 10(5) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 23(c)

Modifications etc. (not altering text)

C6 S. 10 modified (25.8.2000) by 2000 c. 6, ss. 116(9), 168(1)

11 Supplementary provisions as to appeal against sentence. E+W

(1) [F34 Subject to subsection (1A) below, an] appeal against sentence, whether under section 9 or under section 10 of this Act, lies only with the leave of the Court of Appeal.

[F35 (1A) If the judge who passed the sentence grants a certificate that the case is fit for appeal under section 9 or 10 of this Act, an appeal lies under this section without the leave of the Court of Appeal.]

(2) Where [F36 the Crown Court], in dealing with an offender either on his conviction on indictment or in a proceeding to which section 10(2) of this Act applies, has passed on him two or more sentences in the same proceeding (which expression has the same meaning in this subsection as it has for the purposes of section 10), being sentences against which an appeal lies under section 9 [F37 (1)] or section 10, an appeal or application for leave to appeal against any one of those sentences shall be treated as an appeal or application in respect of both or all of them.

[F38 (2A) Where following conviction on indictment a person has been convicted under section 41 of the Criminal Justice Act 1988 of a summary offence an appeal or application for leave to appeal against any sentence for the offence triable either way shall be treated also as an appeal or application in respect of any sentence for the summary offence and an appeal or application for leave to appeal against any sentence for the summary offence shall be treated also as an appeal or application in respect of the offence triable either way.

(2B) If the appellant or applicant was convicted on indictment of two or more offences triable either way, the references to the offence triable either way in subsection (2A) above are to be construed, in relation to any summary offence of which he was convicted under section 41 of the Criminal Justice Act 1988 following the conviction on indictment, as references to the offence triable either way specified in the notice relating to that summary offence which was given under subsection (2) of that section.]

(3) On an appeal against sentence the Court of Appeal, if they consider that the appellant should be sentenced differently for an offence for which he was dealt with by the court below may—

(a) quash any sentence or order which is the subject of the appeal; and

(b) in place of it pass such sentence or make such order as they think appropriate for the case and as the court below had power to pass or make when dealing with him for the offence;

but the Court shall so exercise their powers under this subsection that, taking the case as a whole, the appellant is not more severely dealt with on appeal than he was dealt with by the court below.

F39 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F40 (5) The fact that an appeal is pending against an interim hospital order under [F41 the Mental Health Act 1983] shall not affect the power of the court below to renew or terminate the order or to deal withthe appellant on its termination; and where the Court of Appeal quashsuch an order but do not pass any sentence or make any other orderin its place the Court may [F42 , subject to section 25 of the Criminal Justice and Public Order Act 1994,] direct the appellant to be kept in custody orreleased on bail pending his being dealt with by the court below.]

[F40 (6) Where the Court of Appeal make an interim hospital order by virtue of subsection (3) of this section—

(a) the power of renewing or terminating it and of dealing with the appellant on its termination shall be exercisable by the court below and not by the Court of Appeal; and

(b) the court below shall be treated for the purposes of [F41 section 38(7) of the said Act of 1983] (absconding offenders) as the court that made the order.]

[F43 (7) For the purposes of this section, any two or more sentences are to be treated as passed in the same proceeding if—

(a) they are passed on the same day; or

(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.]

Textual Amendments

F34 Words substituted by Criminal Justice Act 1982 (c. 48), s. 29(2)(a)(i)

F35 S. 11(1A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 29(2)(a)(ii)

F36 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 57(1)

F37 Numeral “(1)” inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 23(1)

F38 S. 11(2A)(2B) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 23(2)

F39 S. 11(4) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 9, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(6), 44(4)(c) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F40 S. 11(5)(6) inserted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 3 para. 37

F41 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 23(d)

F42 Words in s. 11(5) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 20; S.I. 1995/721, art. 1, Sch. Appendix A

F43 S. 11(7) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 319(3), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 25 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

Appeal in cases of insanity E+W

12 Appeal against verdict of not guilty by reason of insanity. E+W

A person in whose case there is returned a verdict of not guilty by reason of insanity may appeal to the Court of Appeal [F44 against the verdict—

(a) with the leave of the Court of Appeal; or

(b) if the judge of the court of trial grants a certificate that the case is fit for appeal.]

Textual Amendments

F44 Words in s. 12 substituted (1.1.1996) by 1995 c. 35, s. 1(3); S.I. 1995/3061, art. 3(a) (with art. 4)

Modifications etc. (not altering text)

C7 S. 12 extended (27.7.1999) by 1999 c. 25, s. 2(1)

13 Disposal of appeal under s. 12. E+W

[F45 (1) Subject to the provisions of this section, the Court of Appeal—

(a) shall allow an appeal under section 12 of this Act if they think that the verdict is unsafe; and

(b) shall dismiss such an appeal in any other case.]

(3) Where apart from this subsection—

(a) an appeal under section 12 of this Act would fall to be allowed; and

(b) none of the grounds for allowing it relates to the question of the insanity of the accused,

the Court of Appeal may dismiss the appeal if they are of opinion that, but for the insanity of the accused, the proper verdict would have been that he was guilty of an offence other than the offence charged.

(4) Where an appeal under section 12 of this Act is allowed, the following provisions apply:—

(a) if the ground, or one of the grounds, for allowing the appeal is that the finding of the jury as to the insanity of the accused ought not to stand and the Court of Appeal are of opinion that the proper verdict would have been that he was guilty of an offence (whether the offence charged or any other offence of which the jury could have found him guilty), the Court—

(i) shall substitute for the verdict of not guilty by reason of insanity a verdict of guilty of that offence; and

(ii) shall, subject to subsection (5) below, have the like powers of punishing or otherwise dealing with the appellant, and other powers, as the court of trial would have had if the jury had come to the substituted verdict; and

(b) in any other case, the Court of Appeal shall substitute for the verdict of the jury a verdict of acquittal.

(5) The Court of Appeal shall not by virtue of subsection (4)(a) above sentence any person to death; but where under that paragraph they substitute a verdict of guilty of an offence for which apart from this subsection they would be required to sentence the appellant to death, their sentence shall (whatever the circumstances) be one of imprisonment for life.

(6) An order of the Court of Appeal allowing an appeal in accordance with this section shall operate as a direction to the court of trial to amend the record to conform with the order.

Textual Amendments

F45 S. 13(1) substituted for s. 13(1)(2) (1.1.1996) by 1995 c. 35, s. 2(3); S.I. 1995/3061, art. 3(a) (with art. 4)

Modifications etc. (not altering text)

C8 S. 13 modified (27.7.1999) by 1999 c. 25, s. 2(2)

C9 S. 13(1) modified (24.7.2002) by 1999 c. 23, s. 56(5) (with s. 63(2), Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2

[F46 14 Substitution of findings of unfitness to plead etc. E+W

(1) This section applies where, on an appeal under section 12 of this Act, the Court of Appeal, on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved, are of opinion that—

(a) the case is not one where there should have been a verdict of acquittal; but

(b) there should have been findings that the accused was under a disability and that he did the act or made the omission charged against him.

[F47 (2) The Court of Appeal shall make in respect of the accused—

(a) a hospital order (with or without a restriction order);

(b) a supervision order; or

(c) an order for his absolute discharge.

(3) Where—

(a) the offence to which the appeal relates is an offence the sentence for which is fixed by law, and

(b) the court have power to make a hospital order,

the court shall make a hospital order with a restriction order (whether or not they would have power to make a restriction order apart from this subsection).

(4) Section 5A of the Criminal Procedure (Insanity) Act 1964 (“the 1964 Act”) applies in relation to this section as it applies in relation to section 5 of that Act.

(5) Where the Court of Appeal make an interim hospital order by virtue of this section—

(a) the power of renewing or terminating it and of dealing with the appellant on its termination shall be exercisable by the court below and not by the Court of Appeal; and

(b) the court below shall be treated for the purposes of section 38(7) of the Mental Health Act 1983 (absconding offenders) as the court that made the order.

(6) Where the Court of Appeal make a supervision order by virtue of this section, any power of revoking or amending it shall be exercisable as if the order had been made by the court below.

(7) In this section—

“hospital order” has the meaning given in section 37 of the Mental Health Act 1983;

“interim hospital order” has the meaning given in section 38 of that Act;

“restriction order” has the meaning given to it by section 41 of that Act;

“supervision order” has the meaning given in Part 1 of Schedule 1A to the 1964 Act.]]

Textual Amendments

F46 Ss. 14, 14A substituted (1.1.1992) for s. 14 by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 4(2), 8; S.I. 1991/2488, art. 2.

F47 S. 14(2)-(7) substituted (31.3.2005) for s. 14(2)(3) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 24(3), 60 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b)

Modifications etc. (not altering text)

C10 S. 14 modified (27.7.1999) by 1999 c. 25, s. 2(2)

F48 14A Substitution of verdict of acquittal. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48 S. 14A repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 24(4), 60, Sch. 11; S.I. 2005/579, art. 3(i)

Unfitness to stand trial E+W

15 Right of appeal against finding of disability. E+W

(1) Where there has been a determination under section 4 of the M2 Criminal Procedure (Insanity) Act 1964 of the question of a person’s fitness to be tried, and [F49 there have been] [F50 findings that he is under a disability and that he did the act or made the omission charged against him, the person may appeal to the Court of Appeal against either or both of those findings].

[F51 (2) An appeal under this section lies only—

(a) with the leave of the Court of Appeal; or

(b) if the judge of the court of trial grants a certificate that the case is fit for appeal.]

Textual Amendments

F49 Words in s. 15(1) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 4; S.I. 2005/579, art. 3(g)

F50 Words in s. 15(1) substituted (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 7, 8, Sch. 3 para. 2; S.I. 1991/2488, art. 2

F51 S. 15(2) substituted (1.1.1996) by 1995 c. 35, s. 1(5); S.I. 1995/3061, art. 3(a) (with art. 4)

Marginal Citations

M2 1964 c. 84.

16 Disposal of appeal under s. 15. E+W

[F52 (1) The Court of Appeal—

(a) shall allow an appeal under section 15 of this Act against a finding if they think that the finding is unsafe; and

(b) shall dismiss such an appeal in any other case.]

F53 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54 [(3) Where the Court of Appeal allow an appeal under section 15 of this Act against a finding that the appellant is under a disability—

(a) the appellant may be tried accordingly for the offence with which he was charged; and

(b) the Court may [F55 , subject to section 25 of the Criminal Justice and Public Order Act 1994,]] make such orders as appear to them necessary or expedient pending any such trial for his custody, release on bail or continued detention under the Mental Health Act 1983;

and Schedule 3 to this Act has effect for applying provisions in Part III of that Act to persons in whose case an order is made by the Court under this subsection.

(4) Where, otherwise than in a case falling within subsection (3) above, the Court of Appeal allow an appeal under section 15 of this Act against a finding that the appellant did the act or made the omission charged against him, the Court shall, in addition to quashing the finding, direct a verdict of acquittal to be recorded (but not a verdict of not guilty by reason of insanity).

Textual Amendments

F52 S. 16(1) substituted (1.1.1996) by 1995 c. 35, s. 2(5); S.I. 1995/3061, art. 3(a) (with art. 4)

F53 S. 16(2) repealed (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 7, 8, Sch. 3 para. 3(2), Sch. 4; S.I. 1991/2488, art. 2

F54 S. 16(3)(4) substituted (1.1.1992) for s. 16(3) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 7, 8, Sch. 3 para. 3(3); S.I. 1991/2488, art. 2

F55 Words in s. 16(3)(b) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 21; S.I. 1995/721, art. 2, Sch. Appendix A

Modifications etc. (not altering text)

C11 S. 16(1) modified (24.7.2002) by 1999 c. 23, s. 56(5) (with s. 63(2), Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2

[F56 Appeal against order made in cases of insanity or unfitness to plead E+W

Textual Amendments

F56 Ss. 16A, 16B and cross-heading inserted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 25, 60; S.I. 2005/579, art. 3(b)

16A Right of appeal against hospital order etc. E+W

(1) A person in whose case the Crown Court—

(a) makes a hospital order or interim hospital order by virtue of section 5 or 5A of the Criminal Procedure (Insanity) Act 1964, or

(b) makes a supervision order under section 5 of that Act,

may appeal to the Court of Appeal against the order.

(2) An appeal under this section lies only—

(a) with the leave of the Court of Appeal; or

(b) if the judge of the court of trial grants a certificate that the case is fit for appeal.

16B Disposal of appeal under s. 16A E+W

(1) If on an appeal under section 16A of this Act the Court of Appeal consider that the appellant should be dealt with differently from the way in which the court below dealt with him—

(a) they may quash any order which is the subject of the appeal; and

(b) they may make such order, whether by substitution for the original order or by variation of or addition to it, as they think appropriate for the case and as the court below had power to make.

(2) The fact that an appeal is pending against an interim hospital order under the Mental Health Act 1983 shall not affect the power of the court below to renew or terminate the order or deal with the appellant on its termination.

(3) Where the Court of Appeal make an interim hospital order by virtue of this section—

(a) the power of renewing or terminating it and of dealing with the appellant on its termination shall be exercisable by the court below and not by the Court of Appeal; and

(b) the court below shall be treated for the purposes of section 38(7) of the said Act of 1983 (absconding offenders) as the court that made the order.

(4) The fact that an appeal is pending against a supervision order under section 5 of the Criminal Procedure (Insanity) Act 1964 shall not affect the power of the court below to revoke the order, or of a magistrates' court to revoke or amend it.

(5) Where the Court of Appeal make a supervision order by virtue of this section, the power of revoking or amending it shall be exercisable as if the order had been made by the court below.]

Review by Court of Appeal of cases tried on indictment E+W

F57 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F57 S. 17 repealed (31.3.1997) by 1995 c. 35, ss. 3, 29(2), Sch. 3; S.I. 1997/402, art. 3(a)(d)(e) (with art. 4)

Procedure from notice of appeal to hearing E+W

18 Initiating procedure. E+W

(1) A person who wishes to appeal under this Part of this Act to the Court of Appeal, or to obtain the leave of that court to appeal, shall give notice of appeal or, as the case may be, notice of application for leave to appeal, in such manner as may be directed by rules of court.

(2) Notice of appeal, or of application for leave to appeal, shall be given within twenty-eight days from the date of the conviction, verdict or finding appealed against, or in the case of appeal against sentence, from the date on which sentence was passed or, in the case of an order made or treated as made on conviction, from the date of the making of the order.

(3) The time for giving notice under this section may be extended, either before or after it expires, by the Court of Appeal.

Modifications etc. (not altering text)

C12 S. 18 excluded (1.10.1997 for specified purposes and otherwiseprosp.) by 1997 c. 43, ss. 5(2), 57(2); S.I. 1997/2200, art. 2(1)(d) (with art. 5)

S. 18 excluded (25.8.2000) by 2000 c. 6, ss. 112(2), 168(1)

C13 S. 18 excluded (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 231(2), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (with Sch. 2)

C14 S. 18(2) modified by Supreme Court Act 1981 (c. 54, SIF 37), s. 47(5)

S. 18(2) modified (25.8.2000) by 2000 c. 6, ss. 155(6)(a), 168(1) (with s. 155(8), Sch. 10 paras. 11, 19)

C15 S. 18(2) modified (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 15(5)(a), 458(1); S.I. 2003/333, art. 2, Sch.

[F58 18A Appeals in cases of contempt of court. E+W

(1) A person who wishes to appeal under section 13 of the Administration of Justice Act M3 1960 from any order or decision of the Crown Court in the exercise of jurisdiction to punish for contempt of court shall give notice of appeal in such manner as may be directed by rules of court.

(2) Notice of appeal shall be given within twenty-eight days from the date of the order or decision appealed against.

(3) The time for giving notice under this section may be extended, either before or after its expiry, by the Court of Appeal.]

Textual Amendments

F58 S. 18A inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 25

Marginal Citations

M3 1960 c.65 (37, 39:1).

[F59 19 Bail. E+W

(1) The Court of Appeal may [F60 , subject to section 25 of the Criminal Justice and Public Order Act 1994,] if they think fit,—

(a) grant an appellant bail pending the determination of his appeal; or

(b) revoke bail granted to an appellant by the Crown Court under paragraph (f) of section 81(1) of the Supreme Court Act 1981 [F61 or paragraph (a) above]; or

(c) vary the conditions of bail granted to an appellant in the exercise of the power conferred by [F62 either of those paragraphs]

(2) The powers conferred by subsection (1) above may be exercised—

(a) on the application of an appellant; or

(b) if it appears to the registrar of criminal appeals of the Court of Appeal (hereafter referred to as “the registrar”) that any of them ought to be exercised, on a reference to the court by him]

Textual Amendments

F59 S. 19 substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 29(2)(6)

F60 Words in s. 19(1) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 22; S.I. 1995/721, art. 2, Sch. Appendix A

F61 Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 26(a)

F62 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 26(b)

[F63 20 Disposal of groundless appeal or application for leave to appeal. E+W

If it appears to the registrar that a notice of appeal or application for leave to appeal does not show any substantial ground of appeal, he may refer the appeal or application for leave to the Court for summary determination; and where the case is so referred the Court may, if they consider that the appeal or application for leave is frivolous or vexatious, and can be determined without adjourning it for a full hearing, dismiss the appeal or application for leave summarily, without calling on anyone to attend the hearing or to appear for the Crown thereon.]

Textual Amendments

F63 S. 20 substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 157, Sch. 8 para. 16

21 Preparation of case for hearing. E+W

(1) The registrar shall—

(a) take all necessary steps for obtaining a hearing of any appeal or application of which notice is given to him and which is not referred and dismissed summarily under the foregoing section; and

(b) obtain and lay before the Court of Appeal in proper form all documents, exhibits and other things which appear necessary for the proper determination of the appeal or application.

(2) Rules of court may enable an appellant to obtain from the registrar any documents or things, including copies or reproductions of documents, required for his appeal and may authorise the registrar to make charges for them in accordance with scales and rates fixed from time to time by the Treasury.

The hearing E+W

22 Right of appellant to be present. E+W

(1) Except as provided by this section, an appellant shall be entitled to be present, if he wishes it, on the hearing of his appeal, although he may be in custody.

(2) A person in custody shall not be entitled to be present—

(a) where his appeal is on some ground involving a question of law alone; or

(b) on an application by him for leave to appeal; or

(c) on any proceedings preliminary or incidental to an appeal; or

(d) where he is in custody in consequence of a verdict of not guilty by reason of insanity or of a finding of disability,

unless the Court of Appeal give him leave to be present.

(3) The power of the Court of Appeal to pass sentence on a person may be exercised although he is for any reason not present.

23 Evidence. E+W

(1) For [F64 the purposes of an appeal under] this Part of this Act the Court of Appeal may, if they think it necessary or expedient in the interests of justice—

(a) order the production of any document, exhibit or other thing connected with the proceedings, the production of which appears to them necessary for the determination of the case;

(b) order any witness who would have been a compellable witness in the proceedings from which the appeal lies to attend for examination and be examined before the Court, whether or not he was called in those proceedings; and

[F65 (c) receive any evidence which was not adduced in the proceedings from which the appeal lies.]

[F66 (2) The Court of Appeal shall, in considering whether to receive any evidence, have regard in particular to—

(a) whether the evidence appears to the Court to be capable of belief;

(b) whether it appears to the Court that the evidence may afford any ground for allowing the appeal;

(c) whether the evidence would have been admissible in the proceedings from which the appeal lies on an issue which is the subject of the appeal; and

(d) whether there is a reasonable explanation for the failure to adduce the evidence in those proceedings.]

(3) Subsection (1)(c) above applies to any [F67 evidence of a] witness (including the appellant) who is competent but not compellable F68 . . ..

(4) For [F64 the purposes of an appeal under] this Part of this Act, the Court of Appeal may, if they think it necessary or expedient in the interests of justice, order the examination of any witness whose attendance might be required under subsection (1)(b) above to be conducted, in manner provided by rules of court, before any judge or officer of the Court or other person appointed by the Court for the purpose, and allow the admission of any depositions so taken as evidence before the Court.

Textual Amendments

F64 Words in s. 23(1)(4) substituted (1.1.1996) by 1995 c. 35, s. 29(1), Sch. 2 para. 4(3); S.I. 1995/3061, art. 3(d)(h) (with art. 4)

F65 S. 23(1)(c) substituted (1.1.1996) by 1995 c. 35, s. 4(1)(a); S.I. 1995/3061, art. 3(a) (with art. 4)

F66 S. 23(2) substituted (1.1.1996) by 1995 c. 35, s. 4(1)(b); S.I. 1995/3061, art. 3(a) (with art. 4)

F67 Words in s. 23(3) inserted (1.1.1996) by 1995 c. 35, s. 4(1)(c); S.I. 1995/3061, art. 3(a) (with art. 4)

F68 Words in s. 23(3) repealed (1.1.1996) by 1995 c. 35, s. 29(2), Sch. 3; S.I. 1995/3061, art. 3(d)(i)(i) (with art. 4)

[F69 23A Power to order investigations. E+W

(1) On an appeal against conviction [F70 or an application for leave to appeal against conviction,] the Court of Appeal may direct the Criminal Cases Review Commission to investigate and report to the Court on any matter if it appears to the Court that—

(a) [F71 in the case of an appeal,] the matter is relevant to the determination of the [F72 appeal] and ought, if possible, to be resolved before the [F72 appeal] is determined;

[F73 (aa) in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;]

(b) an investigation of the matter by the Commission is likely to result in the Court being able to resolve it; and

(c) the matter cannot be resolved by the Court without an investigation by the Commission.

[F74 (1A) A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 31 of this Act.]

(2) A direction by the Court of Appeal under subsection (1) above shall be given in writing and shall specify the matter to be investigated.

(3) Copies of such a direction shall be made available to the appellant and the respondent.

(4) Where the Commission have reported to the Court of Appeal on any matter which they have been directed under subsection (1) above to investigate, the Court—

(a) shall notify the appellant and the respondent that the Commission have reported; and

(b) may make available to the appellant and the respondent the report of the Commission and any statements, opinions and reports which accompanied it.

[F75 (5) In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.]]

Textual Amendments

F69 S. 23A inserted (31.3.1997) by 1995 c. 35, s. 5(1); S.I. 1997/402, art. 3(a) (with art. 4)

F70 Words in s. 23A(1) inserted (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 313(2), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(a) (with art. 3(3))

F71 Words in s. 23A(1)(a) inserted (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 313(3)(a), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(a) (with art. 3(3))

F72 Words in s. 23A(1)(a) substituted (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 313(3)(b), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(a) (with art. 3(3))

F73 S. 23A(1)(aa) inserted (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 313(4), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(a) (with art. 3(3))

F74 S. 23A(1A) inserted (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 313(5), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(a) (with art. 3(3))

F75 S. 23A(5) inserted (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 313(6), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(a) (with art. 3(3))

24—28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76 E+W

Textual Amendments

F76 Ss. 24–28, 39–41 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

Other matters depending on result of appeal E+W

29 Effect of appeal on sentence. E+W

(1) The time during which an appellant is in custody pending the determination of his appeal shall, subject to any direction which the Court of Appeal may give to the contrary, be reckoned as part of the term of any sentence to which he is for the time being subject.

(2) Where the Court of Appeal give a contrary direction under subsection (1) above, they shall state their reasons for doing so; and they shall not give any such direction where—

(a) leave to appeal has been granted; or

(b) a certificate has been given by the judge of the court of trial [F77 under—

(i) section 1 or 11(1A) of this Act; or

(ii) section 81(1B) of the Supreme Court Act 1981]; or

(c) the case has been referred to them [F78 under section 9 of the Criminal Appeal Act 1995].

(3) When an appellant is [F79 granted] bail under section 19 of this Act, the time during which he is [F79 released on bail] shall be disregarded in computing the term of any sentence to which he is for the time being subject.

(4) The term of any sentence passed by the Court of Appeal under section 3, 4, 5, 11 or 13(4) of this Act shall, unless the Court otherwise direct, begin to run from the time when it would have begun to run if passed in the proceedings from which the appeal lies.

Textual Amendments

F77 S. 29(2)(b)(i)(ii) and word substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 27

F78 Words in s. 29(2)(c) substituted (31.3.1997) by 1995 c. 35, s. 29(1), Sch. 2 para. 4(4); S.I. 1997/402, art. 3(d)(e) (with art. 4)

F79 Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 41

[F80 30 Restitution of property. E+W

(1) The operation of an order for the restitution of property to a person made by the Crown Court shall, unless the Court direct to the contrary in any case in which, in their opinion, the title to the property is not in dispute, be suspended until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside, and provision may be made by rules of court for the custody of any property in the meantime.

(2) The Court of Appeal may by order annul or vary any order made by the court of trial for the restitution of property to any person, although the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as so varied.

(3) Where the House of Lords restores a conviction, it may make any order for the restitution of property which the court of trial could have made.]

Textual Amendments

F80 S. 30 substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 28

Modifications etc. (not altering text)

C16 S. 30 extended by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 31(2)

C17 S. 30 modified (30.10.1994) by S.I. 1994/2716, reg. 26(2)

S. 30 modified (25.8.2000) by 2000 c. 6, ss. 148(7), 168(1)

Supplementary E+W

31 Powers of Court under Part I which are exercisable by single judge. E+W

[F81 (1) There may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions—

(a) the powers of the Court of Appeal under this Part of this Act specified in subsection (2) below;

[F82 (aa) the power to give leave under section 14(4B) of the Criminal Appeal Act 1995;]

(b) the power to give directions under section 4(4) of the Sexual Offences (Amendment) Act 1976; and

(c) the powers to make orders for the payment of costs under sections 16 to 18 of the Prosecution of Offences Act 1985 in proceedings under this Part of this Act.

(2) The powers mentioned in subsection (1)(a) above] are the following:—

(a) to give leave to appeal;

(b) to extend the time within which notice of appeal or of application for leave to appeal may be given;

(c) to allow an appellant to be present at any proceedings;

(d) to order a witness to attend for examination;

[F83 (e) to exercise the powers conferred by section 19 of this Act;]

(f) to make orders under section 8(2) of this Act and discharge or vary such orders;

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84 ;

(h) to give directions under section 29(1) of this Act.

[F85 (i) to make orders under section 23(1)(a).]

[F86 (2A) The power of the Court of Appeal to suspend a person’s disqualification under [F87 section 40(2) of the Road Traffic Offenders Act 1988] may be exercised by a single judge in the same manner as it may be exercised by the Court.]

[F88 (2B) The power of the Court of Appeal to grant leave of appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court]

[F89 (2C) The power of the Court of Appeal, under section 130 of the Licensing Act 2003, to suspend an order under section 129 of that Act may be exercised by a single judge in the same manner as it may be exercised by the Court.]

(3) If the single judge refuses an application on the part of an appellant to exercise in his favour any of the powers above specified, the appellant shall be entitled to have the application determined by the Court of Appeal.

Textual Amendments

F81 S. 31(1)(2) substituted for s. 31(1)(2) (to and including the word “powers” in s. 31(2)) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 29

F82 S. 31(1)(aa) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 87; S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F83 S. 31(2)(e) substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 29(2)(c)

F84 S. 31(2)(g) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

F85 S. 31(2)(i) inserted (1.5.2004) by Courts Act 2003 (c. 39), ss. 87(1), 110(1); S.I. 2004/1104, art. 3(b)

F86 S. 31(2A) inserted by Road Traffic Act 1974 (c. 50), Sch. 6 para. 10

F87 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 4(1)

F88 S. 31(2B) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 30 (with Sch. 8 para. 16)

F89 S. 31(2C) inserted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 40 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

Modifications etc. (not altering text)

C18 S. 31 restricted (11.1.1995) by 1981 c. 54, s. 9(6A) (as inserted (11.1.1995) by 1994 c. 33, s. 52(5); S.I. 1994/3258, art. 2)

[F90 31A Powers of Court under Part I which are exercisable by registrar. E+W

(1) The powers of the Court of Appeal under this Part of this Act which are specified in subsection (2) below may be exercised by the registrar.

(2) The powers mentioned in subsection (1) above are the following—

(a) to extend the time within which notice of appeal or of application for leave to appeal may be given;

(b) to order a witness to attend for examination; F91 ...

(c) to vary the conditions of bail granted to an appellant by the Court of Appeal or the Crown Court;

[F92 (d) to make orders under section 23(1)(a).]

(3) No variation of the conditions of bail granted to an appellant may be made by the registrar unless he is satisfied that the respondent does not object to the variation; but, subject to that, the powers specified in that subsection are to be exercised by the registrar in the same manner as by the Court of Appeal and subject to the same provisions.

(4) If the registrar refuses an application on the part of an appellant to exercise in his favour any of the powers specified in subsection (2) above, the appellant shall be entitled to have the application determined by a single judge.

[F93 (5) In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.]]

Textual Amendments

F90 S. 31A inserted (1.1.1996) by 1995 c. 35, s. 6; S.I. 1995/3061, art. 3(a) (with art. 4)

F91 Word in s. 31A(2) repealed (1.5.2004) by Courts Act 2003 (c. 39), ss. 87(2), 110(1), Sch. 10; S.I. 2004/1104, art. 3(b)

F92 S. 31A(2)(d) inserted (1.5.2004) by Courts Act 2003 (c. 39), ss. 87(2), 110(1); S.I. 2004/1104, art. 3(b)

F93 S. 31A(5) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 88; S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

[F94 31B Procedural directions: powers of single judge and registrar E+W

(1) The power of the Court of Appeal to determine an application for procedural directions may be exercised by—

(a) a single judge, or

(b) the registrar.

(2) “Procedural directions” means directions for the efficient and effective preparation of—

(a) an application for leave to appeal, or

(b) an appeal,

to which this section applies.

(3) A single judge may give such procedural directions as he thinks fit—

(a) when acting under subsection (1);

(b) on a reference from the registrar;

(c) of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal.

(4) The registrar may give such procedural directions as he thinks fit—

(a) when acting under subsection (1);

(b) of his own motion.

(5) This section applies to an appeal, and an application to the Court of Appeal for leave to appeal, under—

(a) this Part,

(b) section 9 of the Criminal Justice Act 1987, or

(c) section 35 of the Criminal Procedure and Investigations Act 1996.

Textual Amendments

F94 Ss. 31B, 31C inserted (1.5.2004) by Courts Act 2003 (c. 39), ss. 87(3)(4), 110(1); S.I. 2004/1104, art. 3(b)

31C Appeals against procedural directions E+W

(1) Subsection (2) applies if a single judge gives, or refuses to give, procedural directions.

(2) The Court of Appeal may, on an application to it under subsection (5)—

(a) confirm, set aside or vary any procedural directions given by the single judge, and

(b) give such procedural directions as it thinks fit.

(3) Subsection (4) applies if the registrar gives, or refuses to give, procedural directions.

(4) A single judge may, on an application to him under subsection (5)—

(a) confirm, set aside or vary any procedural directions given by the registrar, and

(b) give such procedural directions as he thinks fit.

(5) An application under this subsection may be made by—

(a) an appellant;

(b) a respondent, if the directions—

(i) relate to an application for leave to appeal and appear to need the respondent’s assistance to give effect to them,

(ii) relate to an application for leave to appeal which is to be determined by the Court of Appeal, or

(iii) relate to an appeal.

(6) In this section—

• “appellant” includes a person who has given notice of application for leave to appeal under any of the provisions mentioned in section 31B(5);

• “respondent” includes a person who will be a respondent if leave to appeal is granted.]

Textual Amendments

F94 Ss. 31B, 31C inserted (1.5.2004) by Courts Act 2003 (c. 39), ss. 87(3)(4), 110(1); S.I. 2004/1104, art. 3(b)

32 Transcripts. E+W

(1) Rules of court may provide—

(a) for the making of a record (whether by means of shorthand notes, by mechanical means or otherwise) of any proceedings in respect of which an appeal lies (with or without leave) to the Court of Appeal; and

(b) for the making and verification of a transcript of any such record and for supplying the transcript (on payment of such charge, if any, as may be fixed for the time being by the Treasury) to the registrar for the use of the Court of Appeal or any judge exercising the powers of a judge of the Court, and to such other persons and in such circumstances as may be prescribed by the rules.

(2) Without prejudice to subsection (1) above, the Secretary of State may, if he thinks fit, in any case direct that a transcript shall be made of any such record made in pursuance of the rules and be supplied to him.

(3) The cost—

(a) of making any such record in pursuance of the rules; and

(b) of making and supplying in pursuance of this section any transcript ordered to be supplied to the registrar or the Secretary of State,

shall be defrayed, in accordance with scales of payment fixed for the time being by the Treasury, out of moneys provided by Parliament; and the cost of providing and installing at a court any equipment required for the purpose of making such a record or transcript shall also be defrayed out of moneys so provided.

Part II E+W Appeal to House of Lords from Court of Appeal (Criminal Division)

The appeal E+W

33 Right of appeal to House of Lords. E+W

(1) An appeal lies to the House of Lords, at the instance of the defendant or the prosecutor, from any decision of the Court of Appeal on an appeal to that court under Part I of this Act [F95 or Part 9 of the Criminal Justice Act 2003] [F96 or section 9 (preparatory hearings) of the Criminal Justice Act 1987] [F97 or section 35 of the Criminal Procedure and Investigations Act 1996].

[F98 (1A) In subsection (1) above the reference to the prosecutor includes a reference to the Director of the Assets Recovery Agency in a case where (and to the extent that) he is a party to the appeal to the Court of Appeal.]

[F99 (1B) An appeal lies to the House of Lords, at the instance of the acquitted person or the prosecutor, from any decision of the Court of Appeal on an application under section 76(1) or (2) of the Criminal Justice Act 2003 (retrial for serious offences).]

(2) The appeal lies only with the leave of the Court of Appeal or the House of Lords; and leave shall not be granted unless it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision and it appears to the Court of Appeal or the House of Lords (as the case may be) that the point is one which ought to be considered by that House.

[F100 (3) Except as provided by this Part of this Act and section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court), no appeal shall lie from any decision of the criminal division of the Court of Appeal.]

[F101 (4) In relation to an appeal under subsection (1B), references in this Part to a defendant are references to the acquitted person.]

Textual Amendments

F95 Words in s. 33(1) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 68(1), 336(3), (4); S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F96 Words added by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 3

F97 Words in s. 33(1) inserted (4.7.1996 but with effect on 15.4.1997 as mentioned in s. 28) by 1996 c. 25, ss. 28, 36 (with s. 76(1)); S.I. 1997/1019, art. 4

F98 S. 33(1A) inserted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 4(2); S.I. 2003/333, art. 2, Sch.

F99 S. 33(1B) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 81(2), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F100 S. 33(3) inserted by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 5 para. 1

F101 S. 33(4) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 81(3), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

Modifications etc. (not altering text)

C19 S. 33(3) restricted (30.12.2002 for certain purposes, 24.3.2003 otherwise) by Proceeds of Crime Act 2002 (c. 29), ss. 90(1), 458(1); S.I. 2002/3015, art. 2, Sch.; S.I. 2003/333, art. 2, Sch.

C20 S. 33(3) restricted (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 22 para. 14(4)

C21 S. 33(3) restricted (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 274(6), 336(2)

34 Application for leave to appeal. E+W

(1) An application to the Court of Appeal for leave to appeal to the House of Lords shall be made within the period of [F102 28] days beginning with the [F103 relevant date]; and an application to the House of Lords for leave shall be made within the period of [F102 28] days beginning with the date on which the application for leave is refused by the Court of Appeal.

[F104 (1A) In subsection (1), “the relevant date” means—

(a) the date of the Court of Appeal’s decision, or

(b) if later, the date on which the Court gives reasons for its decision.]

(2) The House of Lords or the Court of Appeal may, upon application made at any time by the defendant [F105 or, in the case of an appeal under section 33(1B), by the prosecutor], extend the time within which an application may be made by him to that House or the Court under subsection (1) above.

(3) An appeal to the House of Lords shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and for purposes of this Part of this Act an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.

Textual Amendments

F102 Words in s. 34(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(4)(5)(a), 110(1); S.I. 2005/910, art. 3(v)

F103 Words in s. 34(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(4)(5)(b), 110(1); S.I. 2005/910, art. 3(v)

F104 S. 34(1A) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(6), 110(1); S.I. 2005/910, art. 3(v)

F105 Words in s. 34(2) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 81(4), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

35 Hearing and disposal of appeal. E+W

(1) An appeal under this Part of this Act shall not be heard and determined by the House of Lords unless there are present at least three of the persons designated Lords of Appeal by section 5 of the M4 Appellate Jurisdiction Act 1876.

(2) Any order of the House of Lords which provides for the hearing of applications for leave to appeal by a committee constituted in accordance with section 5 of the said Act of 1876 may direct that the decision of that committee shall be taken on behalf of the House.

(3) For the purpose of disposing of an appeal, the House of Lords may exercise any powers of the Court of Appeal or may remit the case to the Court.

Modifications etc. (not altering text)

C22 S. 35(1) applied by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 36(5)

C23 S. 35(1) extended by Criminal Justice Act 1972 (c. 71), s. 36(4)

Marginal Citations

M4 1876 c. 59.

Matters preliminary to hearing E+W

36 Bail on appeal by defendant. E+W

The Court of Appeal may[F106 , subject to section 25 of the Criminal Justice and Public Order Act 1994,] if it seems fit, on the application of a person appealing or applying for leave to appeal to the House of Lords, [F107 other than a person appealing or applying for leave to appeal from a decision on an appeal under [F108 Part 9 of the Criminal Justice Act 2003 or] section 9(11) of the Criminal Justice Act 1987 [F109 or section 35 of the Criminal Procedure and Investigations Act 1996] (appeals against orders or rulings at preparatory hearings),] [F110 grant him] bail pending the determination of his appeal.

Textual Amendments

F106 Words in s. 36 inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 23; S.I. 1995/721, art. 2, Sch.

F107 Words inserted by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 4

F108 Words in s. 36 inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 68(2), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F109 Words in s. 36 inserted (4.7.1996 but with effect on 15.4.1997 as mentioned in s. 28) by 1996 c. 25, ss. 28, 36 (with s. 78(1)); S.I. 1997/1019, art. 4

F110 Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 43

37 Detention of defendant on appeal by the Crown. E+W

(1) The following provisions apply where, immediately after a decision of the Court of Appeal from which an appeal lies to the House of Lords, the prosecutor is granted or gives notice that he intends to apply for, leave to appeal.

(2) If, but for the decision of the Court of Appeal, the defendant would be liable to be detained, the Court of Appeal may make an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by the Court as under section 36 above), so long as an appeal to the House of Lords is pending.

(3) An order under this section shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the defendant would have been liable to be detained but for the decision of the Court of Appeal.

(4) Where an order is made under this section in the case of a defendant who, but for the decision of the Court of Appeal, would be liable to be detained in pursuance of—

(a) an order or direction under [F111 Part III of the Mental Health Act 1983 (otherwise than under section 35, 36 or 38 of that Act)] (admission to hospital of persons convicted by criminal courts); or

[F112 (b) a hospital order made by virtue of section 5(2)(a) of the Criminal Procedure (Insanity) Act 1964 (powers to deal with persons not guilty by reason of insanity or unfit to plead etc),]

the order under this section shall be one authorising his continued detention in pursuance of the order or direction referred to in paragraph (a) or (b) of this subsection; and the provisions of [F111 the Mental Health Act 1983] with respect to persons liable to be detained as mentioned in this subsection (including provisions as to the renewal of authority for detention and the removal or discharge of patients) shall apply accordingly.

[F113 (4A) Where an order is made under this section in the case of a defendant who, but for the decision of the Court of Appeal, would be liable to be detained in pursuance of a remand under [F114 section 36 of the Mental Health Act 1983] or an interim hospital order under [F114 section 38] of that Act, the order may, if the Court of Appeal thinks fit, be one authorising his continued detention in a hospital or mental nursing home and in that event—

(a) subsection (3) of this section shall not apply to the order;

(b) [F114 Part III of the said Act of 1983] shall apply to him as if he had been ordered under this section to be detained in custody so long as an appeal to the House of Lords is pending and were detained in pursuance of a transfer direction together with a restriction direction; and

(c) if the defendant, having been subject to an interim hospital order, is detained by virtue of this subsection and the appeal by the prosecutor succeeds, subsection (2) of the said section 31 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order.]

(5) Where the Court of Appeal have power to make an order under this section, and either no such order is made or the defendant is released or discharged, by virtue of [F115 subsection (3), (4) or (4A)] of this section, before the appeal is disposed of, the defendant shall not be liable to be again detained as the result of the decision of the House of Lords on the appeal.

Textual Amendments

F111 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 23(g)

F112 S. 37(4)(b) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 5 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(g)

F113 S. 37(4A) inserted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 3 para. 39(a)

F114 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 23(h)

F115 Words substituted by Mental Health Act 1982 (c. 51), Sch. 3 para. 38(b)

38 Presence of defendant at hearing. E+W

A defendant who [F116 has been convicted of an offence, or in whose case an order under section 77 of the Criminal Justice Act 2003 or a declaration under section 77(4) of that Act has been made, and who] is detained pending an appeal to the House of Lords shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto, except where an order of the House of Lords authorises him to be present, or where the House or the Court of Appeal, as the case may be, give him leave to be present.

Textual Amendments

F116 Words in s. 38 substitued (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 81(5), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

39—41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117 E+W

Textual Amendments

F117 Ss. 24–28, 39–41 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

Supplementary E+W

42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118 E+W

Textual Amendments

F118 S. 42 repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123, 170, Sch. 8 para. 16, Sch. 16

43 Effect of appeal on sentence. E+W

(1) Where a person subject to a sentence is [F119 granted] bail under section 36 or 37 of this Act, the time during which he is [F119 released on bail] shall be disregarded in computing the term of his sentence.

(2) Subject to the foregoing subsection, any sentence passed on an appeal to the House of Lords in substitution for another sentence shall, unless that House or the Court of Appeal otherwise direct, begin to run from the time when the other sentence would have begun to run.

Textual Amendments

F119 Word substituted by Bail Act 1976 (c. 63), Sch. 2 para. 44

44 Powers of Court of Appeal under Part II which are exercisable by single judge. E+W

[F120 (1) There may be exercised by a single judge—

(a) the powers of the Court of Appeal under this Part of the Act—

(i) to extend the time for making an application for leave to appeal;

(ii) to make an order for or in relation to bail; and

(iii) to give leave for a person to be present at the hearing of any proceedings preliminary or incidental to an appeal; and

(b) their powers to make orders for the payment of costs under sections 16 and 17 of the M5 Prosecution of Offences Act 1985 in proceedings under this Part of this Act.]

, but where the judge refuses an application to exercise any of the said powers the applicant shall be entitled to have the application determined by the Court of Appeal.

[F121 (2) The power of the Court of Appeal to suspend a person’s disqualification under [F122 section 40(3) of the Road Traffic Offenders Act 1988] may be exercised by a single judge, but where the judge refuses an application to exercise that power the applicant shall be entitled to have the application determined by the Court of Appeal.]

[F123 (3) The power of the Court of Appeal, under section 130 of the Licensing Act 2003, to suspend an order under section 129 of that Act may be exercised by a single judge, but where the judge refuses an application to exercise that power the applicant shall be entitled to have the application determined by the Court of Appeal.]

Textual Amendments

F120 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 31

F121 S. 44(2) added by Road Traffic Act 1974 (c. 50), Sch. 6 para. 11

F122 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 4(2)

F123 S. 44(3) inserted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 41 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

Modifications etc. (not altering text)

C24 S. 44 restricted (11.1.1995) by 1981 c. 54, s. 9(6A) (as inserted (11.1.1995) by 1994 c. 33, s. 52(5); S.I. 1994/3258, art. 2)

Marginal Citations

M5 1985 c.23 (39:1).

[F124 44A Appeals in cases of death. E+W

(1) Where a person has died—

(a) any relevant appeal which might have been begun by him had he remained alive may be begun by a person approved by the Court of Appeal; and

(b) where any relevant appeal was begun by him while he was alive or is begun in relation to his case by virtue of paragraph (a) above or by a reference by the Criminal Cases Review Commission, any further step which might have been taken by him in connection with the appeal if he were alive may be taken by a person so approved.

(2) In this section “relevant appeal” means—

(a) an appeal under section 1, 9, 12 or 15 of this Act; or

(b) an appeal under section 33 of this Act from any decision of the Court of Appeal on an appeal under any of those sections.

(3) Approval for the purposes of this section may only be given to—

(a) the widow or widower of the dead person;

(b) a person who is the personal representative (within the meaning of section 55(1)(xi) of the Administration of Estates Act 1925) of the dead person; or

(c) any other person appearing to the Court of Appeal to have, by reason of a family or similar relationship with the dead person, a substantial financial or other interest in the determination of a relevant appeal relating to him.

(4) Except in the case of an appeal begun by a reference by the Criminal Cases Review Commission, an application for such approval may not be made after the end of the period of one year beginning with the date of death.

(5) Where this section applies, any reference in this Act to the appellant shall, where appropriate, be construed as being or including a reference to the person approved under this section.

(6) The power of the Court of Appeal to approve a person under this section may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions; but if the single judge refuses the application, the applicant shall be entitled to have the application determined by the Court of Appeal.]

Textual Amendments

F124 S. 44A inserted (1.1.1996 for specified purposes and otherwise 31.3.1997) by 1995 c. 35, s. 7(1); S.I. 1995/3061, art. 3(b) (with art. 4); S.I. 1997/402, art. 3(a) (with art. 4)

Part III E+W Miscellaneous and General

45 [F125 Construction of references in Parts I and II to Court of Appeal and a single judge.] E+W

[F125 (1) References in Parts I and II [F126 and [F127 sections 44A and 51]] of this Act to the Court of Appeal shall be construed as references to the criminal division of the Court.]

(2) The references in sections [F128 23A,] [F129 31 to 31C][F130 , 44 and 44A] of this Act to a single judge are to any judge of the Court of Appeal or F131 ... the High Court.

Textual Amendments

F125 S. 45(1) and sidenote substituted by Supreme Court Act 1981 (c. 54), Sch. 5 para. 2

F126 Words in s. 45(1) inserted (1.1.1996) by 1995 c. 35, s. 29(1), Sch. 2 para. 4(5)(a); S.I. 1995/3061, art. 3(d)(h) (with art. 4)

F127 Words in s. 45(1) substituted (1.9.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 89(a); S.I. 2004/1629, art. 3(1)(2)(g)

F128 Word in s. 45(2) inserted (1.9.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 89(b); S.I. 2004/1629, art. 3(1)(2)(g)

F129 Words in s. 45 substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 128; S.I. 2005/910, art. 3(y)

F130 Words in s. 45(2) substituted (1.1.1996) by 1995 c. 35, s. 29(1), Sch. 2 para. 4(5)(b); S.I. 1995/3061, art. 3(d)(h) (with art. 4)

F131 Words repealed by Administration of Justice Act 1970 (c. 31), Sch. 11

46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132 E+W

Textual Amendments

F132 S. 46 repealed by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7

47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133 E+W

Textual Amendments

F133 S. 47 repealed by s. 47(7) of this Act and S.I. 1967/1234, Sch. 5

F134 48 Appeal in capital cases. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F134 S. 48 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 129, Sch. 10; S.I. 2005/910, art. 3(y)

49 Saving for prerogative of mercy. E+W

Nothing in this Act is to be taken as affecting Her Majesty’s prerogative of mercy.

50 Meaning of “sentence”. E+W

[F135 (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 M6 Mental Health Act 1983, with or without a restriction order;

(b) an interim hospital order under that Part;

[F136 (bb) a hospital direction and a limitation direction under that Part;]

(c) a recommendation for deportation;

[F137 (ca) a confiscation order under Part 2 of the Proceeds of Crime Act 2002;

(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 [F138 Drug Trafficking Act 1994] other than one made by the High Court;

(e) a confiscation order under Part VI of the M7 Criminal 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 [F139 section 19 of the Act of 1994]; and

(h) a declaration of relevance under [F140 section 31 of the Public Order Act 1986 or under] the M8 Football Spectators Act 1989][F141 ; and

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

[F142 (1A) [F143 Section 14 of the Powers of Criminal Courts (Sentencing) Act] (under which a conviction of an offence for which F144 . . . 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.

[F145 (3) An order under section 17 of the Access to Justice Act 1999 is not a sentence for the purposes of this Act.]

Textual Amendments

F135 S. 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

F136 S. 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)

F137 S. 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.

F138 Words in s. 50(1)(d) substituted (3.2.1995) by 1994 c. 37, ss. 65(1), 69(2), Sch. 1 para. 2

F139 Words in s. 50(1)(g) substituted (3.2.1995) by 1994 c. 37, ss. 65(1), 69(2), Sch. 1 para. 2(b)

F140 Words in s. 50(1)(h) inserted (27.9.1999) by Football (Offences and Disorder) Act 1999 (c. 21), ss. 7(2)(b), 12(2) (with s. 12(3))

F141 S. 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)

F142 S. 50(1A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 66(1)

F143 Words in s. 50(1A) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 30

F144 Words 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

F145 S. 50(3) inserted (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 para. 3 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii)

Modifications etc. (not altering text)

C25 S. 50(1) modified (1.10.1997 for specified purposes otherwise 1.12.1999) by 1997 c. 43, ss. 55(2), 57(2), Sch. 4 para. 6(1); S.I. 1997/2200, art. 2(1)(m) and S.I. 1999/3096, art. 2(d)

Marginal Citations

M6 1983 c. 20.

M7 1988 c. 33.

M8 1989 c. 37.

51 Interpretation. E+W

(1) In this Act, except where the context otherwise requires—

• “appeal”, where used in Part I or II of this Act, means appeal under that Part, and “appellant” has a corresponding meaning and in Part I includes a person who has given notice of application for leave to appeal;

• “the court of trial”, in relation to an appeal, means the court from which the appeal lies;

• F146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F147 “duly approved”, in relation to a registered medical practitioner, means approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder;]

• [F148 “the judge of the court of trial” means, where the Crown Court comprises justices of the peace, the judge presiding;]

• [F149 “registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983;]

• “under disability” has the meaning assigned to it by section 4 of the M9 Criminal Procedure (Insanity) Act 1964 (unfitness to plead); and

• F150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F151 (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.]

(2) Any expression used in this Act which is defined in [F152 section 145(1) [F153 and (1AA)] of the Mental Health Act 1983] has the same meaning in this Act as in that Act.

[F154 (2A) Subsections (2) and (3) of section 54 of the Mental Health Act 1983 shall have effect with respect to proof of the appellant’s mental condition for the purposes of section [F155 6 or 14] of this Act as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act.]

F156 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F146 Words in s. 51(1) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 90(2), Sch. 37 Pt. 12; S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F147 Definition in s. 51(1) inserted (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 7, 8, Sch. 3 para. 5(1)(a); S.I. 1991/2488, art. 2

F148 Definition substituted by Courts Act 1971 (c. 23), Sch. 8 para. 57(3)

F149 Definition in s. 51(1) inserted (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 7, 8, Sch. 3 para. 5(1)(b); S.I. 1991/2488, art. 2

F150 Definition of "recommendation for deportation" repealed by Immigration Act 1971 (c. 77), Sch. 6

F151 S. 51(1A) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 90(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F152 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 23(j)

F153 Words in s. 51(2) inserted (1.4.2000) S.I. 2000/90, art. 3(2), Sch. 2 Pt. I para. 1 (with art. 2(5))

F154 S. 51(2A) inserted (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 7, 8, Sch. 3 para. 5(2); S.I. 1991/2488, art. 2

F155 Words in s. 51(2A) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 6 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(g)

F156 S. 51(3) repealed by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7

Marginal Citations

M9 1964 c. 84.

52 Consequential amendment of enactments. E+W

(1) The enactments specified in Part I of Schedule 5 to this Act shall be amended as shown in that Schedule.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F157

Textual Amendments

F157 S. 52(2) repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. V

Modifications etc. (not altering text)

C26 The text of s. 52, Sch. 5, is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

53 Transitional provisions. E+W

The transitional provisions contained in Schedule 6 to this Act shall have effect.

54 Repeals. E+W

The enactments specified in the second column of Schedule 7 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Modifications etc. (not altering text)

C27 The text of s. 54, Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

55 Short title, commencement and extent. E+W

(1) This Act may be cited as the Criminal Appeal Act 1968.

(2) This Act shall come into force on the day appointed under section 106(5) of the M10 Criminal Justice Act 1967 for the coming into force of section 98 of that Act.

(3) So much of Schedule 5 to this Act as amends the M11 Geneva Conventions Act 1957 shall extend to Scotland and Northern Ireland and the repeal by this Act of section 2(2) of the M12 Administration of Justice Act 1960 shall extend to Northern Ireland; but except as aforesaid this Act shll not extend to Scotland or Northern Ireland.

Modifications etc. (not altering text)

C28 1.9.1968 appointed by S.I. 1968/325, art. 1

Marginal Citations

M10 1967 c. 80.

M11 1957 c. 52.

M12 1960 c. 65.

SCHEDULES

F158 SCHEDULE 1 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F158 Sch. 1 repealed (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 8(2)(3), Sch. 4; S.I. 1991/2488, art. 2

Section 8.

SCHEDULE 2 E+W Procedural and Other Provisions Applicable on Order for Retrial

[F162 Evidence] E+W

Textual Amendments

F162 Sch. 2 para. 1 and cross-heading substituted (4.4.2005) for Sch. 2 paras. 1, 1A by Criminal Justice Act 2003 (c. 44), ss. 131, 336(3)(4) (with s. 141); S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

1 E+W On a retrial, [F163 paragraphs 1 and 2 of Schedule 2 to the Criminal Procedure and Investigations Act 1996 (use of written statements and depositions) shall not apply to any written statement or deposition read as evidence at the original trial]; but a transcript of the record of the evidence given by any witness at the original trial may, with the leave of the judge, be read as evidence—

(a) by agreement between the prosecution and the defence; or

(b) if the judge is satisfied that the witness is dead or unfit to give evidence or to attend for that purpose, or that all reasonable efforts to find him or to secure his attendance have been made without success,

and in either case may be so read without further proof, if verified in accordance with rules of court.

Textual Amendments

F163 Words in Sch. 2 para. 1 substituted (4.7.1996 but with effect as mentioned in Sch. 2 para. 7 of the amending Act) by 1996 c. 25, s. 68, Sch. 2 paras. 5, 7; S.I. 1997/683, art. 1(2)

Sentence on conviction at retrial E+W

2 (1) Where a person ordered to be retried is again convicted on retrial, the court before which he is convicted may pass in respect of the offence any sentence authorised by law, not being a sentence of greater severity than that passed on the original conviction. E+W

(2) Without prejudice to its power to impose any other sentence, the court before which an offender is convicted on retrial may pass in respect of the offence any sentence passed in respect of that offence on the original conviction notwithstanding that, on the date of the conviction on retrial, the offender has ceased to be of an age at which such a sentence could otherwise be passed.

(3) Where the person convicted on retrial is sentenced to imprisonment or other detention, the sentence shall begin to run from the time when a like sentence passed at the original trial would have begun to run; but in computing the term of his sentence or the period for which he may be detained thereunder, as the case may be, there shall be disregarded—

(a) any time before his conviction on retrial which would have been disregarded in computing that term or period if the sentence had been passed at the original trial and the original conviction had not been quashed; and

(b) any time during which he was [F164 released on bail] under section 8(2) of this Act.

(4) [F165 Section 240 of the Criminal Justice Act 2003 (crediting of periods of remand in custody: terms of imprisonment and detention) shall apply] to any sentence imposed on conviction on retrial as if it had been imposed on the original conviction.

Textual Amendments

F164 Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 45

F165 Words in Sch. 2 para. 2(4) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 10; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(6) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

U.K.

F166 3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F166 Sch. 2 para. 3 repealed by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(6), Sch. 2

Section 16.

SCHEDULE 3 E+W M13 Application of Provisions in [F167 Part III of Mental Health Act 1983] where Order made under Section 16(3) of this Act

Textual Amendments

F167 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 23(n)(i)

Marginal Citations

M13 1959 c. 72.

E+W

1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F168

Textual Amendments

F168 Sch. 3 para. 1 repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4

[F169 Order for continued detention under Act of 1983 E+W

Textual Amendments

F169 Sch. 3 para. 2 substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 23(n)(ii)

2 E+W Where an order is made by the Court of Appeal under section 16(3) of this Act for a person’s continued detention under the Mental Health Act 1983, Part III of that Act (patients concerned in criminal proceedings or under sentence) shall apply to him as if he had been ordered under the said section 16(3) to be kept in custody pending trial and were detained in pursuance of a transfer direction together with a restriction direction.]

Section 48.

F170 SCHEDULE 4 E+W Procedural and other Modifications for Capital Cases

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F170 Sch. 4 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 130, Sch. 10; S.I. 2005/910, art. 3(y)

Section 52.

SCHEDULE 5 U.K. Amendment of Enactments

Modifications etc. (not altering text)

C29 The text of s. 52, Sch. 5, is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I U.K. Miscellaneous Consequential Amendments

. . . F171 E+W

Textual Amendments

F171 Sch. 5 Pt. I: entries relating to Prosecution of Offences Act 1879 (c. 22), repealed by Prosecution of Offences Act 1979 (c. 31), Sch. 2 Pt. II

. . . F172 E+W

Textual Amendments

F172 Sch. 5 Pt. I: entries relating to Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), repealed by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7

The Sentence of Death (Expectant Mothers) Act 1931 (c. 24) E+W

Section 2(4)

For the words “under the Criminal Appeal Act 1907 to the Court of Criminal Appeal” there shall be substituted the words “under Part I of the Criminal Appeal Act 1968 to the criminal division of the Court of Appeal”.

The Children and Young Persons Act (c. 12) E+W

Section 55(5)

In paragraph (b), for the words “to the Court of Criminal Appeal in accordance with the Criminal Appeal Act 1907” there shall be substituted the words “to the criminal division of the Court of Appeal in accordance with Part I of the Criminal Appeal Act 1968”.

The Costs in Criminal Cases Act 1952 (c. 48) E+W

Section 7

After the word “Act” there shall be inserted the words “or the Criminal Appeal Act 1968”.

Section 8

In subsection (1) (as amended by paragraph 22 of Schedule 4 to the M14 Criminal Justice Act 1967), for the words “under section 3(2) of this Act” there shall be substituted the words “under section 24 of the Criminal Appeal Act 1968”.

Section 10

For subsection (2) there shall be substituted the following subsection:—

“(2) Where the criminal division of the Court of Appeal order the payment of costs by the appellant under section 25 of the Criminal Appeal Act 1968, or that division or the House of Lords order the payment of costs by the defendant under section 40 of that Act, the payment shall be enforceable in the same manner as an order for payment of costs made by the High Court in a civil case.”

In subsection (5), after the word “Act” there shall be inserted the words “or the Criminal Appeal Act 1968”.

Section 11(1)

After the word “Act” there shall be inserted the words “or the Criminal Appeal Act 1968”.

Section 12

For this section there shall be substituted the following:—

“12 Regulations.

(1) The Secretary of State may by statutory instrument make regulations generally for carrying this Act and the associated provisions of the Criminal Appeal Act 1968 into effect and in particular may by regulations so made prescribe—

(a) rates or scales of payment of any costs payable out of local funds under this Act or the said associated provisions and the conditions under which such costs may be allowed;

(b) the manner in which an officer of the court making a payment to any person in respect of his attendance to give evidence is to be repaid out of local funds;

(c) the form of orders, certificates and notices under the Act or the said associated provisions, and the giving of information when certificates are sent under this Act by the officer of any magistrates’ court;

and any provision of this Act or the said Act of 1968 enabling any sum to be paid out of local funds shall have effect subject to the regulations.

(2) In subsection (1) of this section “the associated provisions of the Criminal Appeal Act 1968” means the following provisions of that Act, namely, sections 24 to 28 and 39 to 41.”

Section 17(2)

After the words “the Act” there shall be inserted the words “or the Criminal Appeal Act 1968”.

Marginal Citations

M14 1967 c. 80.

The Prison Act 1952 (c. 52) E+W

Section 22(1)

For the words “the Criminal Appeal Act 1907” there shall be substituted the words “Part I of the Criminal Appeal Act 1968”.

Section 47(4)

In paragraph (c), for the words “the Criminal Appeal Act 1907” there shall be substituted the words “Part I of the Criminal Appeal Act 1968”.

The Geneva Conventions Act 1957 (c. 52) U.K.

Section 4

For subsection (1) there shall be substituted the following subsections —

“(1) Where a protected prisoner of war or protected internee has been sentenced to death or to imprisonment for a term of two years or more, the time within which he must give notice of appeal or notice of his application for leave to appeal to the criminal division of the Court of Appeal, the High Court of Justiciary or the Court of Criminal Appeal in Northern Ireland, as the case may be, shall, notwithstanding anything in the enactment relating to such appeals, be the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of twenty-eight days after the date on which he received notice given—

(a) in the case of a protected prisoner of war, by an officer of Her Majesty’s forces;

(b) in the case of a protected internee, by or on behalf of the governor of the prison in which he is confined,

that the protecting power has been notified of his conviction and sentence; and, in a case to which the foregoing provisions of this subsection apply, a reference to the period aforesaid shall be substituted for the reference in section 30(1)(a) of the Criminal Appeal Act 1968 and section 31(1)(a) of the Criminal Appeal (Northern Ireland) Act 1968 (revesting and restitution of property) to the period of twenty-eight days from the date of conviction.

(1A) In the case of an appeal to the House of Lords under any of the Acts specified in the left-hand column of the following Table by a protected prisoner of war or protected internee, the period specified in the provision of that Act specified in relation thereto in the right-hand column (the provisions there listed being those which lay down the time for applying for leave to appeal) shall be extended until fourteen days after the date on which the applicant receives notice, given as mentioned in subsection (1)(a) or (b) of this section, that the protecting power has been notified of the decision of the court from which the appeal lies, or of the refusal of that court of the application for leave to appeal, as the case may be.

Table
The Administration of Justice Act 1960	Section 2(1)
The Criminal Appeal Act 1968	Section 34(1)
The Criminal Appeal (Northern Ireland) Act 1968	Section 37(1)
The Courts-Martial (Appeals) Act 1968	Section 40(1)”

. . . F173 E+W

Textual Amendments

F173 Sch. 5 Pt. I: entries relating to Mental Health Act 1959 (c. 72), repealed by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7

. . . F174 E+W

Textual Amendments

F174 Sch. 5 Pt. I: entries relating to Administration of Justice Act 1960 (c. 65), repealed in part by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7

The Criminal Justice Administration Act 1962 (c. 15) E+W

Section 18(1)

For the words “section 2(1) of the Criminal Appeal Act 1964” there shall be substituted the words “section 8(1) of the Criminal Appeal Act 1968”.

E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F175

Textual Amendments

F175 Entry in Sch. 5, Pt. I repealed (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 8(2)(3), Sch.4; S.I. 1991/2488, art. 2

. . . F176 E+W

Textual Amendments

F176 Sch. 5 Pt. I: entries relating to Criminal Appeal Act 1966 (c. 31), repealed by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7

Part II E+W . . . F177

Textual Amendments

F177 Sch. 5. Pt. II repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. V

Section 53.

SCHEDULE 6 E+W Transitional Provisions

1 (1) Any right of appeal subsisting immediately before the commencement of this Act by virtue of an enactment repealed thereby shall after that commencement be treated as subsisting by virtue of the corresponding enactment in this Act. E+W

(2) Any appeal or application pending before the said commencement under an enactment so repealed may be prosecuted and disposed of in accordance with the provisions of this Act corresponding to those in force immediately before the said commencement and applicable to the appeal or application.

2 (1) In so far as any order made, direction given or other thing done under an enactment repealed by this Act could have been made, given or done under a corresponding provision of this Act, it shall not be invalidated by the repeal of that enactment but shall have effect as if made, given or done under that corresponding provision. E+W

(2) Any document referring to an enactment repealed by this Act shall, so far as may be necessary for preserving its effect, be construed as referring, or as including a reference, to the corresponding enactment in this Act.

3 (1) The mention of particular matters in this Schedule shall not be taken to affect the general application of section 38 of the M15 Interpretation Act 1889 with regard to the effect of repeals. E+W

(2) References in this Schedule to enactments repealed by this Act shall be construed as including references to enactments which are reproduced in this Act in relation to matters for which provision is made by this Act while remaining unrepealed in relation to matters for which provision is made by another Act; and section 38 of the M16 Interpretation Act 1889 shall apply with respect to any such enactment as if it had been repealed by this Act in relation to matters for which provision is made by this Act.

Marginal Citations

M15 1889 c. 63.

M16 1889 c. 63.

Section 54.

SCHEDULE 7 E+W+N.I. Repeals

Modifications etc. (not altering text)

C30 The text of s. 54, Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.