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Criminal Appeal Act 1968
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- 1968 c. 19
- Part III
- Section 51
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Version Superseded: 31/03/2005
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Criminal Appeal Act 1968, Section 51 is up to date with all changes known to be in force on or before 11 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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“duly approved”, in relation to a registered medical practitioner, means approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder;]
[F2“the judge of the court of trial” means, where the Crown Court comprises justices of the peace, the judge presiding;]
[F3“registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983;]
“under disability” has the meaning assigned to it by section 4 of the M1Criminal Procedure (Insanity) Act 1964 (unfitness to plead); and
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Any expression used in this Act which is defined in [F5section 145(1) [F6and (1AA)]of the Mental Health Act 1983] has the same meaning in this Act as in that Act.
[F7(2A)Subsections (2) and (3) of section 54 of the Mental Health Act 1983 shall have effect with respect to proof of the appellant’s mental condition for the purposes of section 6, 14 or 14A of this Act as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act.]
F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Definition in s. 51(1) inserted (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 7, 8, Sch. 3 para. 5(1)(a); S.I. 1991/2488, art. 2
F2Definition substituted by Courts Act 1971 (c. 23), Sch. 8 para. 57(3)
F3Definition in s. 51(1) inserted (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 7, 8, Sch. 3 para. 5(1)(b); S.I. 1991/2488, art. 2
F4Definition of "recommendation for deportation" repealed by Immigration Act 1971 (c. 77), Sch. 6
F5Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 23(j)
F6Words in s. 51(2) inserted (1.4.2000) S.I. 2000/90, art. 3(2), Sch. 2 Pt. I para. 1 (with art. 2(5))
F7S. 51(2A) inserted (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 7, 8, Sch. 3 para. 5(2); S.I. 1991/2488, art. 2
F8S. 51(3) repealed by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7
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