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

Appeal against sentenceE+W

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

[F1(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.

[F1(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) [F2or 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 [F3or sub-paragraph (4) of that paragraph.]]

Textual Amendments

F1S. 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,

F2Words 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)

F3Words 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)

C1S. 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 [F4the 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 [F4before the Crown Court]; or

[F5(b)having been made the subject of an order for conditional discharge or a community order within the meaning of Part I of the Criminal Justice Act 1991 F6. . . or given a suspended sentence, appears or is brought before the Crown Court to be further dealt with for his offence. [F7; or]]

[F7(c)having been released under Part II of the Criminal Justice Act 1991 after serving part of a sentence of imprisonment or detention imposed for the offence, is ordered by the Crown Court to be returned to prison or detention.]

(3)An offender dealt with for an offence [F4before 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 [F8or 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 M1Road Traffic Act 1960; or

(iii)an order under [F9section 23 of the M2Powers of Criminal Courts Act 1973] (orders as to existing suspended sentence when person subject to the sentence is again convicted).

[F10or

(iv)[F11an international football banning order] under section 15 of the Football Spectators Act 1989; or

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

[F12(vi)a domestic football banning order under section 30 of the Public Order Act 1986; or]

[F13(vii)a declaration of relevance under section 31 of the Public Order Act 1986; or]

[F14(cc)where the court makes such an order with regard to him as is mentioned in section [F1540(2) or (3A)] of the Criminal Justice Act 1991.]

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(4)For purposes of subsection (3)(a) of this section [F17and 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 [F18or detention] and terms which are wholly or partly concurrent are to be treated as a single term

[F19(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

F7S. 10(2)(c) and preceding word “or” inserted (27.9.1999) by 1999 c. 22, ss. 58(5), 108(3) (with s. 107, Sch. 14 para. 7(2))

F11Words in s. 10(3)(c)(iv) substituted (27.9.1999) by 1999 c. 21, ss. 1(2)(e), 12(2) (with s. 12(3))

F12S. 10(3)(c)(vi) inserted (27.9.1999) by 1999 c. 21, ss. 6(2)(e), 12(2) (with s. 12(3))

F13S. 10(3)(c)(vii) inserted (27.9.1999) by 1999 c. 21, ss. 7(2)(a), 12(2) (with s. 12(3))

F15Words in s. 10(3)(cc) substituted (27.9.1999) by 1999 c. 22, ss. 58(6), 108(3) (with s. 107, Sch. 14 para. 7(2))

F18Words 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))

Marginal Citations

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

(1)[F20Subject 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.

[F21(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 [F22the 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 [F23(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.

[F24(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.

[F25(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.]

[F26(5)The fact that an appeal is pending against an interim hospital order under [F27the 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 [F28, 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.]

[F26(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 [F27section 38(7) of the said Act of 1983] (absconding offenders) as the court that made the order.]

Textual Amendments

F28Words 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