Criminal Appeal Act 1968

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 [F1 under—

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

(ii) section 81(1B) of the [F2 Senior Courts Act 1981]] ; or

(c) the case has been referred to them [F3 under section 9 of the Criminal Appeal Act 1995].

(3) When an appellant is [F4 granted] bail under section 19 of this Act, the time during which he is [F4 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

F1 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

F2 Words in s. 29(2)(b)(ii) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

F3 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)

F4 Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 41

[F5 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 [F6 Supreme Court] restores a conviction, it may make any order for the restitution of property which the court of trial could have made.]

Textual Amendments

F5 S. 30 substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 28

F6 Words in s. 30(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 16(2); S.I. 2009/1604, art. 2(d)

Modifications etc. (not altering text)

C1 S. 30 extended by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 31(2)

C2 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)

C3 S. 30 modified (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 29(2) (with reg. 125)