Criminal Appeal Act 1968

2 Grounds for allowing appeal under s. 1.E+W

(1)Except as provided by this Act, the Court of Appeal shall allow an appeal against conviction if they think—

(a)that the [F1conviction] should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfactory; or

(b)that the judgment of the court of trial should be set aside on the ground of a wrong decision of any question of law; or

(c)that there was a material irregularity in the course of the trial,

and in any other case shall dismiss the appeal:

Provided that the Court may, notwithstanding that they are of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if they consider that no miscarriage of justice has actually occurred.

(2)In the case of an appeal against conviction the Court shall, if they allow the appeal, quash the conviction.

(3)An order of the Court of Appeal quashing a conviction shall, except when under section 7 below the appellant is ordered to be retried, operate as a direction to the court of trial to enter, instead of the record of conviction, a judgment and verdict of acquittal.

Textual Amendments