Criminal Appeal Act 1968, Cross Heading: Sentence on conviction at retrial is up to date with all changes known to be in force on or before 08 May 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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 [F1released on bail] under section 8(2) of this Act.
(4)[F2[F3[F4Sections 240ZA] and 240A of the Criminal Justice Act 2003 [F5and section 325 of the Sentencing Code] (crediting of periods of remand in custody or on bail subject to certain types of condition:] terms of imprisonment [F6or detention and detention and training orders]) shall apply] to any sentence imposed on conviction on retrial as if it had been imposed on the original conviction.
Textual Amendments
F1Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 45
F2Words 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))
F3Words in Sch. 2 para. 2(4) substituted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 22(4), 153(7); S.I. 2008/2712, art. 2, Sch. para. 2
F4Words in Sch. 2 para. 2(4) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 13 para. 6; S.I. 2012/2906, art. 2(k)
F5Words in Sch. 2 para. 2(4) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 13 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F6Words in Sch. 2 para. 2(4) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 12
Modifications etc. (not altering text)
C1Sch. 2 para. 2(4) modified (1.10.1997 for specified purposes, otherwise 1.12.1999) by 1997 c. 43, ss. 55(2), 57(2), Sch. 4 para. 6(2); S.I. 1997/2200, art. 2(1)(m) and S.I. 1999/3096, art. 2(d)
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