Criminal Appeal Act 1968

Part IE+W Appeal to Court of Appeal in Criminal Cases

Appeal against conviction on indictmentE+W

1 Right of appeal.E+W

(1)[F1Subject to subsection (3) below] a person convicted of an offence on indictment may appeal to the Court of Appeal against his conviction.

(2)The appeal may be—

(a)on any ground which involves a question of law alone; and

(b)with the leave of the Court of Appeal, on any ground which involves a question of fact alone, or a question of mixed law and fact, or on any other ground which appears to the Court of Appeal to be a sufficient ground of appeal;

but if the judge of the court of trial grants a certificate that the case is fit for appeal on a ground which involves a question of fact, or a question of mixed law and fact, an appeal lies under this section without the leave of the Court of Appeal.

[F2(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 committed him 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

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

(1)Except as provided by this Act, the Court of Appeal shall allow an appeal against conviction if they think—

(a)that the [F3conviction] should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfactory; or

(b)that the judgment of the court of trial should be set aside on the ground of a wrong decision of any question of law; or

(c)that there was a material irregularity in the course of the trial,

and in any other case shall dismiss the appeal:

Provided that the Court may, notwithstanding that they are of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if they consider that no miscarriage of justice has actually occurred.

(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

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 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.

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 by a person in whose case 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.

6 Substitution of finding of insanity or unfitness to plead.E+W

(1)Where, on an appeal against conviction, the Court of Appeal 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 that there should have been a finding that the accused was under disability,

the Court shall make an order that the appellant be admitted to such hospital as may be specified by the Secretary of State.

(2)Schedule 1 to this Act applies with respect to the consequences and effect of an order made by the Court of Appeal under this section.

(3)On making an order under this section in the case of any person, the Court of Appeal may give such directions as they think fit for his conveyance to a place of safety and his detention there pending his admission to hospital within the relevant period specified by Schedule 1 to this Act.

(4)In [F4section 47 of the Mental Health Act 1983] (which relates to the removal to hospital of persons serving sentences of imprisonment and is applied by [F4subsection (5)] of the section to persons in other forms of detention) references to a person serving a sentence of imprisonment shall be construed as not including references to a person subject to an order of the Court of Appeal under this section.

Textual Amendments

RetrialE+W

7 Power to order retrial.E+W

(1)Where the Court of Appeal allow an appeal against conviction . . . F5and 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

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, . . . F6[F7but 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.]

[F8(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 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 [F9release 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 M1Mental Health Act 1959 [F10or 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 [F9release on] bail shall have effect subject to the said order or direction.

[F11(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 [F12section 36 of the Mental Health Act 1983] or an interim hospital order under [F12section 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 [F12Part 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

Marginal Citations

Appeal against sentenceE+W

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

[F13(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.

[F13(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) 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.]

Textual Amendments

F13S. 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,

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 [F14the 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 [F14before the Crown Court]; or

(b)having been made the subject of a probation order [F15, a community service order] or an order for conditional discharge [F16or an attendance centre order] or given a [F17wholly or partly] suspended sentence, appears or is brought before [F14the Crown Court] to be further dealt with for his offence.

(3)An offender dealt with for an offence [F14before the Crown Court] in a proceeding to which subsection (2) of this section applies may appeal to the Court of Appeal against sentence in any of the following cases:—

(a)where either for that offence alone or for that offence and other offences for which sentence is passed in the same proceeding, he is sentenced to imprisonment [F18or to youth custody under section 6 of the Criminal Justice Act 1982] for a term of six months or more; or

(b)where the sentence is one which the court convicting him had not power to pass; or

(c)where the court in dealing with him for the offence makes in respect of him—

(i)a recommendation for deportation; or

(ii)an order disqualifying him for holding or obtaining a licence to drive a motor vehicle under Part II of the M2Road Traffic Act 1960; or

(iii)an order under [F19section 23 of the M3Powers of Criminal Courts Act 1973] (orders as to existing suspended sentence when person subject to the sentence is again convicted).

[F20or

(iv)a restriction order under section 15 of the Football Spectators Act 1989; or

(v)a declaration of relevance under the Football Spectators Act 1989;] or

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

(4)For purposes of subsection (3)(a) of this section [F22and 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 and terms which are wholly or partly concurrent are to be treated as a single term

[F23(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

Marginal Citations

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

(1)[F24Subject 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.

[F25(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 [F26the 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 [F27(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.

[F28(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.

[F29(4)The power of the Court of Appeal under subsection (3) of this section to pass a sentence which the court below had power to pass for an offence shall, notwithstanding that the court below made no order under section 23(1) of the Powers of Criminal Courts Act 1973 or section 47(4) of the Criminal Law Act 1977 in respect of a suspended or partly suspended sentence previously passed on the appellant for another offence, include power to deal with him in respect of that sentence where the court below made no order in respect of it.]

[F30(5)The fact that an appeal is pending against an interim hospital order under [F31the 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 direct the appellant to be kept in custody orreleased on bail pending his being dealt with by the court below.]

[F30(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 [F31section 38(7) of the said Act of 1983] (absconding offenders) as the court that made the order.]

Textual Amendments

Appeal in cases of insanityE+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 against the verdict—

(a)on any ground of appeal which involves a question of law alone; and

(b)with the leave of the Court of Appeal, on any ground which involves a question of fact alone, or a question of mixed law and fact, or on any other ground which appears to the Court of Appeal to be a sufficient ground of appeal;

but if the judge of the court of trial grants a certificate that the case is fit for appeal on a ground which involves a question of fact, or a question of mixed law and fact, an appeal lies under this section without the leave of the Court of Appeal.

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

(1)Subject to the provisions of this section, the Court of Appeal shall allow an appeal under section 12 of this Act if they are of opinion—

(a)that the verdict should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfactory; or

(b)that the order of the court giving effect to the verdict should be set aside on the ground of a wrong decision of any question of law; or

(c)that there was a material irregularity in the course of the trial,

and in any other case shall dismiss the appeal.

(2)The Court of Appeal may dismiss an appeal under section 12 of this Act, if of opinion that, notwithstanding that the point raised in the appeal might be decided in favour of the appellant, no miscarriage of justice has actually occurred.

(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.

14 Hospital order on disposal of appeal.E+W

(1)Where, on an appeal under section 12 of this Act, the Court of Appeal are of opinion that the case is not one where there should have been a verdict of acquittal but that there should have been a finding that the accused was under disability, the Court shall make an order that the appellant be admitted to such hospital as may be specified by the Secretary of State.

(2)Where in accordance with section 13(4)(b) of this Act the Court of Appeal substitute a verdict of acquittal, and they are of opinion—

(a)that the appellant is suffering from mental disorder of a nature or degree which warrants his [F32detention in a hospital for assessment (or for assessment followed by medical treatment)] for at least a limited period; and

(b)that he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons,

the Court shall make an order that the appellant be [F33admitted for assessment] to such hospital as may be specified by the Secretary of State.

(3)Schedule 1 to this Act applies with respect to the consequences and effect of an order made by the Court of Appeal under this section.

(4)On making an order under this section in the case of any person, the Court of Appeal may give such directions as they think fit for his conveyance to a place of safety and his detention there pending his admission to hospital within the relevant period specified in Schedule 1 to this Act.

(5)In [F34section 47 of the Mental Health Act 1983] (which relates to the removal to hospital of persons serving sentences of imprisonment and is applied by [F34subsection (5)] of the section also to persons in other forms of detention) references to a person serving a sentence of imprisonment shall be construed as not including references to a person subject to an order of the Court of Appeal under subsection (1) of this section.

Textual Amendments

Valid from 01/01/1992

[F3514A Substitution of verdict of acquittal.E+W

(1)This section applies where, in accordance with section 13(4)(b) of this Act, the Court of Appeal substitute a verdict of acquittal and the Court, 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 appellant is suffering from mental disorder of a nature or degree which warrants his detention in a hospital for assessment (or for assessment followed by medical treatment) for at least a limited period; and

(b)that he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons.

(2)The Court of Appeal shall make an order that the appellant be admitted for assessment, in accordance with the provisions of Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, to such hospital as may be specified by the Secretary of State.]

Textual Amendments

Unfitness to stand trialE+W

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

(1)Where there has been a determination under section 4 of the M4Criminal Procedure (Insanity) Act 1964 of the question of a person’s fitness to be tried, and the jury has returned a finding that he is under disability, the person may appeal to the Court of Appeal against the finding.

(2)An appeal under this section may be—

(a)on any ground of appeal which involves a question of law alone; and

(b)with the leave of the Court of Appeal, on any ground which involves a question of fact alone, or a question of mixed law and fact, or on any other ground which appears to the Court of Appeal to be a sufficient ground of appeal;

but if the judge of the court of trial grants a certificate that the case is fit for appeal on a ground which involves a question of fact, or a question of mixed law and fact, an appeal lies under this section without the leave of the Court of Appeal.

Marginal Citations

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

(1)The Court of Appeal shall allow an appeal under section 15 of this Act if they are of opinion—

(a)that the finding of the jury should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfactory; or

(b)that the order of the court giving effect to the finding should be set aside on the ground of a wrong decision of any question of law; or

(c)that there was a material irregularity in the course of the determination of the question of fitness to be tried;

and in any other case (except one to which subsection (2) below applies) shall dismiss the appeal; but they may dismiss the appeal if of opinion that, notwithstanding that the point raised in the appeal might be decided in favour of the appellant, no miscarriage of justice has actually occurred.

(2)An appeal under section 15 of this Act may, in a case where the question of fitness to be tried was determined later than on arraignment, be allowed by the Court of Appeal (notwithstanding that the finding was properly come to) if the Court are of opinion that the case is one in which the accused should have been acquitted before the question of fitness to be tried was considered; and, if an appeal is allowed under this subsection, the Court of Appeal 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).

(3)Subject to subsection (2) above, where an appeal under section 15 of this Act is allowed, the appellant may be tried accordingly for the offence with which he was charged, and the Court of Appeal may make such orders as appear to them to be necessary or expedient pending any such trial for his custody, [F36release on] bail or continued detention under [F37the Mental Health Act 1983]; and Schedule 3 to this Act has effect for applying provisions in [F37Part III] of that Act to persons in whose case an order is made by the Court of Appeal under this subsection.

Textual Amendments

Review by Court of Appeal of cases tried on indictmentE+W

17 Reference by Home Secretary.E+W

(1)Where a person has been convicted on indictment, or been tried on indictment and found not guilty by reason of insanity, or been found by a jury to be under disability, the Secretary of State may, if he thinks fit, at any time either—

(a)refer the whole case to the Court of Appeal and the case shall then be treated for all purposes as an appeal to the Court by that person; or

(b)if he desires the assistance of the Court on any point arising in the case, refer that point to the Court for their opinion thereon, and the Court shall consider the point so referred and furnish the Secretary of State with their opinion thereon accordingly.

(2)A reference by the Secretary of State under this section may be made by him either on an application by the person referred to in subsection (1), or without any such application.

Procedure from notice of appeal to hearingE+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)

C1S. 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)

C2S. 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)

[F3818A 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 M51960 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

Marginal Citations

M51960 c.65 (37, 39:1).

[F3919 Bail.E+W

(1)The Court of Appeal may, 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 [F40or paragraph (a) above]; or

(c)vary the conditions of bail granted to an appellant in the exercise of the power conferred by [F41either 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

[F4220 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

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 hearingE+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 purposes of 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

(c)subject to subsection (3) below, receive the evidence, if tendered, of any witness.

(2)Without prejudice to subsection (1) above, where evidence is tendered to the Court of Appeal thereunder the Court shall, unless they are satisfied that the evidence, if received, would not afford any ground for allowing the appeal, exercise their power of receiving it if—

(a)it appears to them that the evidence is likely to be credible and would have been admissible in the proceedings from which the appeal lies on an issue which is the subject of the appeal; and

(b)they are satisfied that it was not adduced in those proceedings but there is a reasonable explanation for the failure to adduce it.

(3)Subsection (1)(c) above applies to any witness (including the appellant) who is competent but not compellable, and applies also to the appellant’s husband or wife where the appellant makes an application for that purpose and the evidence of the husband or wife could not have been given in the proceedings from which the appeal lies except on such an application.

(4)For purposes of 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.

Valid from 31/03/1997

[F4323A Power to order investigations.E+W

(1)On an 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)the matter is relevant to the determination of the case and ought, if possible, to be resolved before the case 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.

(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.]

Textual Amendments

F43S. 23A inserted (31.3.1997) by 1995 c. 35, s. 5(1); S.I. 1997/402, art. 3(a) (with art. 4)

24—28.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44E+W

Textual Amendments

Other matters depending on result of appealE+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 [F45under—

(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 by the Secretary of State under section 17 of this Act.

(3)When an appellant is [F46granted] bail under section 19 of this Act, the time during which he is [F46released 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

[F4730 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

Modifications etc. (not altering text)

C4S. 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)

SupplementaryE+W

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

[F48(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;

(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;

[F49(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50;

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

[F51(2A)The power of the Court of Appeal to suspend a person’s disqualification under [F52section 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.]

[F53(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]

(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

F48S. 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

F50S. 31(2)(g) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

Modifications etc. (not altering text)

C5S. 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)

Valid from 01/01/1996

[F5431A 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; and

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

(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.]

Textual Amendments

F54S. 31A inserted (1.1.1996) by 1995 c. 35, s. 6; S.I. 1995/3061, art. 3(a) (with art. 4)

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.