Criminal Appeal Act 1968

51 Interpretation. E+W

(1) In this Act, except where the context otherwise requires—

• “appeal”, where used in Part I or II of this Act, means appeal under that Part, and “appellant” has a corresponding meaning and in Part I includes a person who has given notice of application for leave to appeal;

• “the court of trial”, in relation to an appeal, means the court from which the appeal lies;

• “the defendant”, in Part II of this Act, means, in relation to an appeal, the person who was the appellant before the criminal division of the Court of Appeal, and references to the prosecutor shall be construed accordingly;

• [F1 “the judge of the court of trial” means, where the Crown Court comprises justices of the peace, the judge presiding;]

• “under disability” has the meaning assigned to it by section 4 of the M1 Criminal Procedure (Insanity) Act 1964 (unfitness to plead); and

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(2) Any expression used in this Act which is defined in [F3 section 145(1) of the Mental Health Act 1983] has the same meaning in this Act as in that Act.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F1 Definition substituted by Courts Act 1971 (c. 23), Sch. 8 para. 57(3)

F2 Definition of “recommendation for deportation” repealed by Immigration Act 1971 (c. 77), Sch. 6

F3 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 23(j)

F4 S. 51(3) repealed by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7

Marginal Citations

M1 1964 c. 84.