Part I Appeal to Court of Appeal in Criminal Cases

Review by Court of Appeal of cases tried on indictment

17 Reference by Home Secretary.

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 F1 and to have done the act or made the omission charged against him, 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.