Criminal Appeal Act 1968 (c. 19)

Part I E+W Appeal to Court of Appeal in Criminal Cases

Appeal against sentence E+W

10 Appeal against sentence in other cases dealt with at assizes or quarter sessions. E+W

(1) This section has effect for providing rights of appeal against sentence when a person is dealt with by [F1 the Crown Court] (otherwise than on appeal from a magistrates’ court) for an offence of which he was not convicted on indictment.

(2) The proceedings from which an appeal against sentence lies under this section are those where an offender convicted of an offence by a magistrates’ court—

(a) is committed by the court to be dealt with for his offence [F1 before the Crown Court]; or

[F2 (b) having been made the subject of an order for conditional discharge or a community order within the meaning of Part I of the Criminal Justice Act 1991 F3 . . . or given a suspended sentence, appears or is brought before the Crown Court to be further dealt with for his offence. [F4 ; or]]

[F4 (c) having been released under Part II of the Criminal Justice Act 1991 after serving part of a sentence of imprisonment or detention imposed for the offence, is ordered by the Crown Court to be returned to prison or detention.]

(3) An offender dealt with for an offence [F1 before the Crown Court] in a proceeding to which subsection (2) of this section applies may appeal to the Court of Appeal against sentence in any of the following cases:—

(a) where either for that offence alone or for that offence and other offences for which sentence is passed in the same proceeding, he is sentenced to imprisonment [F5 or to youth custody under section 6 of the Criminal Justice Act 1982] for a term of six months or more; or

(b) where the sentence is one which the court convicting him had not power to pass; or

(c) where the court in dealing with him for the offence makes in respect of him—

(i) a recommendation for deportation; or

(ii) an order disqualifying him for holding or obtaining a licence to drive a motor vehicle under Part II of the M1 Road Traffic Act 1960; or

(iii) an order under [F6 section 23 of the M2 Powers of Criminal Courts Act 1973] (orders as to existing suspended sentence when person subject to the sentence is again convicted).

[F7 or

(iv) [F8 an international football banning order] under section 15 of the Football Spectators Act 1989; or

(v) a declaration of relevance under the Football Spectators Act 1989;] or

[F9 (vi) a domestic football banning order under section 30 of the Public Order Act 1986; or]

[F10 (vii) a declaration of relevance under section 31 of the Public Order Act 1986; or]

[F11 (cc) where the court makes such an order with regard to him as is mentioned in section [F12 40(2) or (3A)] of the Criminal Justice Act 1991.]

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(4) For purposes of subsection (3)(a) of this section [F14 and section 11 of this Act], any two or more sentences are to be treated as passed in the same proceeding if—

(a) they are passed on the same day; or

(b) they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence;

and consecutive terms of imprisonment [F15 or detention] and terms which are wholly or partly concurrent are to be treated as a single term

[F16 (5) If by virtue of an order made under section 14 of the Criminal Justice Act 1982, the term of 4 months specified in section 4 of that Act is increased to a term of 6 months or more, subsection (3)(a) above shall have effect, for so long as the term so specified is 6 months or more, as if after the word “more” there were inserted the words “or an order for his detention in a detention centre for a term of 6 months or more has been made under section 4 of the Criminal Justice Act 1982”].

Textual Amendments

F1 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 57(1)

F2 S. 10(2)(b) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 3; S.I. 1992/333, art. 2(2), Sch. 2

F3 Words in s. 10(2)(b) repealed (30.9.1999) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 13(1), Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(f)(3)(j)

F4 S. 10(2)(c) and preceding word “or” inserted (27.9.1999) by 1999 c. 22, ss. 58(5), 108(3) (with s. 107, Sch. 14 para. 7(2))

F5 Words inserted by Criminal Justice Act 1982 (c. 48), Sch. 14 para. 23(b)

F6 Words substituted by Powers of Criminal Courts Act 1973 (c. 62), Sch. 5 para. 28

F7 S. 10(3)(c)(iv)(v) inserted by Football Spectators Act 1989 (c. 37, SIF 45A), ss. 15(7), 23(3)(a)

F8 Words in s. 10(3)(c)(iv) substituted (27.9.1999) by 1999 c. 21, ss. 1(2)(e), 12(2) (with s. 12(3))

F9 S. 10(3)(c)(vi) inserted (27.9.1999) by 1999 c. 21, ss. 6(2)(e), 12(2) (with s. 12(3))

F10 S. 10(3)(c)(vii) inserted (27.9.1999) by 1999 c. 21, ss. 7(2)(a), 12(2) (with s. 12(3))

F11 S. 10(3)(cc) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 13(2); S.I. 1998/2327, art. 2(1)(y)(2)(f)

F12 Words in s. 10(3)(cc) substituted (27.9.1999) by 1999 c. 22, ss. 58(6), 108(3) (with s. 107, Sch. 14 para. 7(2))

F13 S. 10(3)(d) repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123, 170, Sch. 8 para. 16, Sch. 16

F14 Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 22(2)

F15 Words in s. 10(4) inserted (27.9.1999) by 1999 c. 22, ss. 58(7), 108(3) (with s. 107, Sch. 14 para. 7(2))

F16 S. 10(5) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 23(c)

Marginal Citations

M1 1960 c. 16.

M2 1973 c. 62.