Criminal Appeal Act 1968

SCHEDULES

Section 6.

SCHEDULE 1 Consequences and Effect of Order for Admission to Hospital under s.6 or s.14

1 (1) An order for admission to hospital under section 6 or section 14 of this Act shall be sufficient authority for any person acting under the authority of the Secretary of State to take the person to whom the order relates and convey him at any time within the relevant period to the hospital specified by the Secretary of State.

(2) The relevant period for the purposes of this paragraph is—

(a) in relation to an order under section 6 or 14(1), two months ;

(b) in relation to an order under section 14(2), seven days ;

the said period to begin in either case with the date on which the order was made.

(3) Where a person is admitted within the relevant period to the hospital specified by the Secretary of State, the order under section 6 or, as the case may be, section 14 shall be sufficient authority for the managers to detain him in accordance with the provisions of the [1959 c. 72.] Mental Health Act 1959 referred to in the following paragraphs, as those provisions apply by virtue of those paragraphs.

2 A person who is admitted to hospital in pursuance of an order under section 6 or 14(1) of this Act shall be treated for the purposes of the Mental Health Act 1959 as if he had been so admitted in pursuance of a hospital order made (on the date of the order made under section 6 or 14(1)) under section 60 of that Act together with an order restricting discharge made under section 65 of that Act without limitation of time.

3 A person who is admitted to a hospital in pursuance of an order under section 14(2) of this Act shall be treated for the purposes of Part IV of the Mental Health Act 1959 as if he had been admitted (on the date of the order made under section 14(2)) in pursuance of an application for admission for observation duly made under the said Part IV.

Section 8.

SCHEDULE 2 Procedural and Other Provisions Applicable on Order for Retrial

Depositions

1 On a retrial, section 13(3) of the [1925 c. 86.] Criminal Justice Act 1925 (reading of depositions) shall not apply to the depositions of any person who gave evidence at the original trial or to any written statement by such a person tendered under section 2 of the [1967 c. 80.] Criminal Justice Act 1967 in the committal proceedings before the original trial; but a transcript of the record of the evidence given by any witness at the original trial may, with the leave of the judge, be read as evidence—

(a) by agreement between the prosecution and the defence ; or

(b) if the judge is satisfied that the witness is dead or unfit to give evidence or to attend for that purpose, or that all reasonable efforts to find him or to secure his attendance have been made without success,

and in either case may be so read without further proof, if verified in accordance with rules of court.

Sentence on conviction at retrial

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.

(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 at large after being admitted to bail under section 8(2) of this Act.

(4) Section 17(2) of the [1962 c. 15.] Criminal Justice Administration Act 1962 (deduction from certain sentences of time spent in custody before sentence) shall apply to any sentence imposed on conviction on retrial as if it had been imposed on the original conviction.

Costs where retrial results in acquittal

3 If the person ordered to be retried is acquitted on retrial, the costs of the defence which may be ordered to be paid out of local funds under section 1 of the [1952 c. 48.] Costs in Criminal Cases Act 1952 shall include—

(a) any costs which could have been ordered to be so paid under that section by the court by which he was originally tried if he had been acquitted at the original trial; and

(b) if no order was made under section 24 or 39(2) of this Act in respect of his expenses on appeal, any sums for the payment of which such an order could have been made.

Section 16.

SCHEDULE 3 Application of Provisions in Part V of Mental Health Act 1959 where Order made under Section 16(3) of this Act

Order for custody pending trial

1 Where an order is made by the Court of Appeal under section 16(3) of this Act for a person to be kept in custody pending trial, the following sections of the [1959 c. 72.] Mental Health Act 1959, that is to say—

• section 73 (transfer of persons in custody to hospital for treatment) ;

• section 74 (special restrictions on discharge) ; and

• section 76 (cases in which a direction for a person's transfer to hospital may lapse),

shall apply to him as they apply to the persons listed in paragraphs (a) to (c) of section 73(2) of the said Act of 1959.

Order for continued detention under Act of 1959

2 Where an order is made by the Court of Appeal under section 16(3) of this Act for a person's continued detention under the Mental Health Act 1959, Part V of that Act (admission to hospital of patients concerned in criminal proceedings and transfer of patients in custody) shall apply to him as if he had been ordered under the said section 16(3) to be kept in custody pending trial and were detained in pursuance of a transfer direction together with a direction restricting discharge.

Section 48.

SCHEDULE 4 Procedural and other Modifications for Capital Cases

Appeal to Court of Appeal

1 In the case of a conviction involving sentence of death the power of the criminal division of the Court of Appeal under section 18(3) of this Act to extend the time for giving notice of appeal, or notice of application for leave to appeal, shall not be exercisable.

2 In the case of a conviction involving sentence of death—

(a) the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal or of application for leave to appeal under Part I of this Act may be given ; and

(b) if notice is so given, the appeal or application shall be heard and determined with as much expedition as is practicable, and the sentence shall not be executed until after the determination of the appeal or, in cases where an application for leave to appeal is finally refused, of the application.

Appeal to House of Lords

3 In a case involving sentence of death, the power of the criminal division of the Court of Appeal or the House of Lords under section 34(2) of this Act to extend the time within which an application by the defendant may be made to that division or the House for leave to appeal under Part II of this Act shall not be exercisable.

4 (1) Any application for leave to appeal under Part II of this Act in a case involving sentence of death, and any appeal for which leave is granted on such an application, shall be heard and determined with as much expedition as practicable.

(2) Where an appeal to the criminal division of the Court of Appeal is dismissed in a case involving sentence of death, the sentence shall not in any case be executed until after the expiration of the time within which an application for leave to appeal to the House of Lords may be made ; and if such an application is duly made the sentence shall not be executed while that application, and any appeal for which leave is granted thereon, is pending.

(3) Section 34(3) of this Act applies for the construction of this paragraph.

Section 52.

SCHEDULE 5 Amendment of Enactments

PART I Miscellaneous Consequential Amendments

THE PROSECUTION OF OFFENCES ACT 1879 (c. 22)

Section 2

For the words " under section 1 of the Administration of Justice Act 1960" there shall be substituted the words " under Part II of the Criminal Appeal Act 1968 " ; and after the section there shall be added the following section:—

“2A Duty to appear, when so directed, on criminal appeals.

(1) Without prejudice to the foregoing section, it shall be the duty of the Director of Public Prosecutions to appear for the Crown or the prosecutor, when directed by the court to do so, on any appeal under section 1 of the Administration of Justice Act 1960 (appeal from High Court in criminal cases) or Part I or Part II of the Criminal Appeal Act 1968 (appeals from assizes and quarter sessions to criminal division of the Court of Appeal and thence to House of Lords).

(2) In subsection (1) of this section " the court" means, in the case of an appeal to or from the criminal division of the Court of Appeal, that division and, in the case of an appeal from a divisional court of the Queen's Bench Division, the divisional court”.

THE SUPREME COURT OF JUDICATURE (CONSOLIDATION) ACT 1925 (c. 49)

Section 31(1)

For paragraph (a) there shall be substituted the following paragraph:—

“(a) except as provided by this Act, the Administration of Justice Act 1960 or the Criminal Appeal Act 1968, from any judgment of the High Court in any criminal cause or matter”.

THE SENTENCE OF DEATH (EXPECTANT MOTHERS) ACT 1931 (c. 24)

Section 2(4)

For the words " under the Criminal Appeal Act 1907 to the Court of Criminal Appeal" there shall be substituted the words " under Part I of the Criminal Appeal Act 1968 to the criminal division of the Court of Appeal ".

THE CHILDREN AND YOUNG PERSONS ACT 1933 (c. 12)

Section 55(5)

In paragraph (b), for the words " to the Court of Criminal Appeal in accordance with the Criminal Appeal Act 1907 " there shall be substituted the words " to the criminal division of the Court of Appeal in accordance with Part I of the Criminal Appeal Act 1968 ".

THE COSTS IN CRIMINAL CASES ACT 1952 (c. 48)

Section 7

After the word " Act" there shall be inserted the words " or the Criminal Appeal Act 1968 ".

Section 8

In subsection (1) (as amended by paragraph 22 of Schedule 4 to the [1967 c. 80.] Criminal Justice Act 1967), for the words " under section 3(2) of this Act " there shall be substituted the words " under section 24 of the Criminal Appeal Act 1968 ".

Section 10

For subsection (2) there shall be substituted the following subsection :—

“(2) Where the criminal division of the Court of Appeal order the payment of costs by the appellant under section 25 of the Criminal Appeal Act 1968, or that division or the House of Lords order the payment of costs by the defendant under section 40 of that Act, the payment shall be enforceable in the same manner as an order for payment of costs made by the High Court in a civil case.”

In subsection (5), after the word " Act" there shall be inserted the words " or the Criminal Appeal Act 1968 ".

Section 11(1)

After the word " Act" there shall be inserted the words " or the Criminal Appeal Act 1968 ".

Section 12

For this section there shall be substituted the following :—

“12 Regulations.

(1) The Secretary of State may by statutory instrument make regulations generally for carrying this Act and the associated provisions of the Criminal Appeal Act 1968 into effect and in particular may by regulations so made prescribe—

(a) rates or scales of payment of any costs payable out of local funds under this Act or the said associated provisions and the conditions under which such costs may be allowed ;

(b) the manner in which an officer of the court making a payment to any person in respect of his attendance to give evidence is to be repaid out of local funds ;

(c) the form of orders, certificates and notices under the Act or the said associated provisions, and the giving of information when certificates are sent under this Act by the officer of any magistrates' court;

and any provision of this Act or the said Act of 1968 enabling any sum to be paid out of local funds shall have effect subject to the regulations.

(2) In subsection (1) of this section ' the associated provisions of the Criminal Appeal Act 1968' means the following provisions of that Act, namely, sections 24 to 28 and 39 to 41”.

Section 17(2)

After the words " the Act" there shall be inserted the words " or the Criminal Appeal Act 1968 ".

THE PRISON ACT 1952 (c. 52)

Section 22(1)

For the words " the Criminal Appeal Act 1907 " there shall be substituted the words " Part I of the Criminal Appeal Act 1968 ".

Section 47(4)

In paragraph (c), for the words " the Criminal Appeal Act 1907 " there shall be substituted the words " Part I of the Criminal Appeal Act 1968 ".

THE GENEVA CONVENTIONS ACT 1957 (c. 52)

Section 4

For subsection (1) there shall be substituted the following subsections:—

“(1) Where a protected prisoner of war or protected internee has been sentenced to death or to imprisonment for a term of two years or more, the time within which he must give notice of appeal or notice of his application for leave to appeal to the criminal division of the Court of Appeal, the High Court of Justiciary or the Court of Criminal Appeal in Northern Ireland, as the case may be, shall, notwithstanding anything in the enactment relating to such appeals, be the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of twenty-eight days after the date on which he received a notice given—

(a) in the case of a protected prisoner of war, by an officer of Her Majesty's forces ;

(b) in the case of a protected internee, by or on behalf of the governor of the prison in which he is confined,

that the protecting power has been notified of his conviction and sentence ; and, in a case to which the foregoing provisions of this subsection apply, a reference to the period aforesaid shall be substituted for the reference in section 30(1)(a) of the [1968 c. 21.] Criminal Appeal Act 1968 and section 31(1)(a) of the Criminal Appeal (Northern Ireland) Act 1968 (revesting and restitution of property) to the period of twenty-eight days from the date of conviction.

(1A) In the case of an appeal to the House of Lords under any of the Acts specified in the left-hand column of the following Table by a protected prisoner of war or protected internee, the period specified in the provision of that Act specified in relation thereto in the right-hand column (the provisions there listed being those which lay down the time for applying for leave to appeal) shall be extended until fourteen days after the date on which the applicant receives notice, given as mentioned in subsection (1)(a) or (b) of this section, that the protecting power has been notified of the decision of the court from which the appeal lies, or of the refusal of that court of the application for leave to appeal, as the case may be.

TABLE

The Administration of Justice Act 1960	Section 2(1)
The Criminal Appeal Act 1968	Section 34(1)
The Criminal Appeal (Northern Ireland) Act 1968	Section 37(1)
The [1968 c. 20.] Courts-Martial (Appeals) Act 1968	Section 40(1)”

THE MENTAL HEALTH ACT 1959 (c. 72)

Section 73(2)

In paragraph (a), for the words " under section 1 of the Criminal Appeal Act 1964" there shall be substituted the words " under section 7 of the Criminal Appeal Act 1968

THE ADMINISTRATION OF JUSTICE ACT 1960 (c. 65)

Section 13(6)

For the words " the Criminal Appeal Act 1907, or to a decision of the Court of Criminal Appeal under that Act; and for the purposes of that Act" there shall be substituted the words " Part I of the Criminal Appeal Act 1968, or to a decision of the criminal division of the Court of Appeal under that Part of that Act; and for the purposes of the said Part I ".

THE CRIMINAL JUSTICE ADMINISTRATION ACT 1962 (c. 15)

Section 18(1)

For the words " section 2(1) of the Criminal Appeal Act 1964 " there shall be substituted the words " section 8(1) of the Criminal Appeal Act 1968 "

THE CRIMINAL PROCEDURE (INSANITY) ACT 1964 (c. 84)

For Schedule 1 to the Act there shall be substituted the following Schedule:—

“SCHEDULE 1 EFFECT OF ORDERS FOR ADMISSION TO HOSPITAL

1 (1) An order for admission to hospital under section 5(1) of this Act shall be sufficient authority for any person acting under the authority of the Secretary of State to take the person to whom the order relates and convey him at any time within the period of two months (beginning with the date on which the order was made) to the hospital specified by the Secretary of State.

(2) The court by which any such order as aforesaid is made may give such directions as it thinks fit for the conveyance of a person to whom the order relates to a place of safety and his detention therein pending his admission to the hospital within the said period of two months.

(3) Where a person is admitted within the said period to the hospital specified by the Secretary of State, an order under section 5(1) of this Act shall be sufficient authority for the managers to detain him in the hospital in accordance with sections 60 and 65 of the [1959 c. 72.] Mental Health Act 1959 as applied by the next following paragraph.

2 (1) A person who is admitted to a hospital in pursuance of an order under section 5(1) of this Act shall be treated for the purposes of the Mental Health Act 1959 as if he had been so admitted in pursuance of a hospital order made (on the date of the order under section 5(1) of this Act) under section 60 of that Act, together with an order restricting discharge made under section 65 of that Act without limitation of time.

(2) For the purposes of section 5(4) of this Act, a person shall not be treated as detained in pursuance of an order at any time after the Secretary of State has directed (under section 66 of the said Act of 1959) that the said person shall cease to be subject to the special restrictions set out in section 65 of that Act.

(3) In the application of section 63(5) of the Mental Health Act 1959 to orders under section 5(1) of this Act, the proviso to section 63(5) shall have effect as if the reference to a conviction included a reference to a special verdict and to a finding that the accused was under disability.”

THE CRIMINAL APPEAL ACT 1966 (c. 31)

Section 1(2)

For paragraph (b), there shall be substituted the following paragraph:—

“(b) the criminal division which shall, subject to any such rules, exercise—

(i) all jurisdiction of the Court of Appeal under Parts I and II of the Criminal Appeal Act 1968 ; and

(ii) all other jurisdiction which was that of the Court of Criminal Appeal immediately before it ceased to exist (including the jurisdiction to order the issue of writs of venire de novo).”

PART II Amendments (Prospective) of Homicide Act 1957, Schedule 1

Paragraph 2(3)

For the words " the Criminal Appeal Act 1907 " there shall be substituted the words " Part I of the Criminal Appeal Act 1968 ".

Paragraph 5

For the words " section 18 of the Criminal Appeal Act 1907" there shall be substituted the words " section 46 of the Criminal Appeal Act 1968 ".

Section 53.

SCHEDULE 6 Transitional Provisions

1 (1) Any right of appeal subsisting immediately before the commencement of this Act by virtue of an enactment repealed thereby shall after that commencement be treated as subsisting by virtue of the corresponding enactment in this Act.

(2) Any appeal or application pending before the said commencement under an enactment so repealed may be prosecuted and disposed of in accordance with the provisions of this Act corresponding to those in force immediately before the said commencement and applicable to the appeal or application.

2 (1) In so far as any order made, direction given or other thing done under an enactment repealed by this Act could have been made, given or done under a corresponding provision of this Act, it shall not be invalidated by the repeal of that enactment but shall have effect as if made, given or done under that corresponding provision.

(2) Any document referring to an enactment repealed by this Act shall, so far as may be necessary for preserving its effect, be construed as referring, or as including a reference, to the corresponding enactment in this Act.

3 (1) The mention of particular matters in this Schedule shall not be taken to affect the general application of section 38 of the [1889 c. 63.] Interpretation Act 1889 with regard to the effect of repeals.

(2) References in this Schedule to enactments repealed by this Act shall be construed as including references to enactments which are reproduced in this Act in relation to matters for which provision is made by this Act while remaining unrepealed in relation to matters for which provision is made by another Act; and section 38 of the Interpretation Act 1889 shall apply with respect to any such enactment as if it had been repealed by this Act in relation to matters for which provision is made by this Act.

Section 54.

SCHEDULE 7 Repeals

Chapter	Short Title	Extent of Repeal
7 Edw. 7. c. 23.	The Criminal Appeal Act 1907.	The whole Act.
11 & 12 Geo. 6. c. 58.	The Criminal Justice Act 1948.	Section 38(1).
15 & 16 Geo. 6. & 1 Eliz. 2. c. 48.	The Costs in Criminal Cases Act 1952.	Section 3.
		In section 4(1), the words " or in the prosecution of his appeal to the Court of Criminal Appeal".
		In section 17(5), the words " subsection (2) of section three ".
8 & 9 Eliz. 2. c. 65.	The Administration of Justice Act 1960.	In section 1, subsection (1)(b).
		Section 2(2).
		Section 3(2).
		Section 4(1).
		Sections 7 and 8.
		Section 9(4).
		Schedule 3, so far as it amends the Criminal Appeal Act 1907, the Supreme Court of Judicature (Consolidation) Act 1925 and section 10 of the Costs in Criminal Cases Act 1952.
1964 c. 43.	The Criminal Appeal Act 1964.	Sections 1 to 3 and 6(2).
		Schedule 2, so far as it amends the Criminal Appeal Act 1907 and the Criminal Justice Administration Act 1962.
1964 c. 84.	The Criminal Procedure (Insanity) Act 1964.	Sections 2 and 3.
		In section 4, subsection (6) and in subsection (7) the words from the beginning to " restricting discharge; and ".
		In section 5, subsection (1)(b) and (d) and subsections (2) and (5).
1966 c. 31.	The Criminal Appeal Act 1966.	In section 1, subsections (1) and (8).
		Sections 4 to 8.
		In section 12, the definitions in subsection (1) of " the 1907 Act" and the 1952 Act", and subsection (3).
		In Schedule 2, paragraphs 1 to 3 and 6 to 8.
1967 c. 80.	The Criminal Justice Act 1967.	Section 32(5).
		Section 97.
		Section 98(1) to (5) and (7).
		In section 106(2)(f), the words " the Geneva Conventions Act 1957", and in section 106(3)(e), the words "the Geneva Conventions Act 1957 and ".
		In Schedule 4, paragraphs 1 to 8, 20, 23, 24(a), 28, and 33 to 40.
		In Schedule 6, paragraphs 4, 22 and 27.