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

Appeal against conviction on indictmentE+W

1 Right of appeal.E+W

(1)[F1Subject to subsection (3) below] a person convicted of an offence on indictment may appeal to the Court of Appeal against his conviction.

[F2(2)An appeal under this section lies only—

(a)with the leave of the Court of Appeal; or

(b)if[F3, within 28 days from the date of the conviction,] the judge of the court of trial grants a certificate that the case is fit for appeal.]

[F4(3)Where a person is convicted before the Crown Court of a scheduled offence it shall not be open to him to appeal to the Court of Appeal against the conviction on the ground that the decision of the court which [F5sent him to the Crown Court] for trial as to the value involved was mistaken.

(4)In subsection (3) above “scheduled offence” and “the value involved” have the same meanings as they have in section 22 of the Magistrates’ Courts Act 1980 (certain offences against property to be tried summarily if value of property or damage is small).]

Textual Amendments

F2S. 1(2) substituted (1.1.1996) by 1995 c. 35, s. 1(1); S.I. 1995/3061, art. 3(a) (with art. 4)

F5Words in s. 1(3) substituted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 44(2); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3 4)

Modifications etc. (not altering text)

C1S. 1 extended (19.2.2001) by 2000 c. 11, s. 7(4)(b); S.I. 2001/421, art. 2(a)