Criminal Appeal Act 1968

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 given a suspended sentence or made the subject of—

(i) an order for conditional discharge,

(ii) a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, or

(iii) a community order within the meaning of Part 12 of the Criminal Justice Act 2003,

appears or is brought before the Crown Court to be further dealt with for the offence.]

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (3) An offender dealt with for an offence before the Crown Court in a proceeding to which subsection (2) of this section applies may appeal to the Court of Appeal against any sentence passed on him for the offence by the Crown Court.]

(4) For purposes of subsection (3)(a) of this section [F5 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 [F6 or detention] and terms which are wholly or partly concurrent are to be treated as a single term

[F7 (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 (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 4 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)

F3 S. 10(2)(c) and preceding word repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 8(2)(b), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(6), 44(4)(c) (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))

F4 S. 10(3) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 319(2), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 25 (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))

F5 Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 22(2)

F6 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))

F7 S. 10(5) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 23(c)

Modifications etc. (not altering text)

C1 S. 10 modified (25.8.2000) by 2000 c. 6, ss. 116(9), 168(1)