Part IU.K. Appeal to Court of Appeal from Crown Court

Modifications etc. (not altering text)

Matters depending on result of appealU.K.

27 Restitution of property.U.K.

(1)Except as provided by this section the operation of an order made on a conviction on indictment for the restitution of property to any person shall be suspended—

(a)in any case until the expiration of twenty-eight days from the date of conviction; and

(b)in cases where notice of appeal or of application for leave to appeal is given within twenty-eight days from the date of conviction, until the determination of the appeal.

(2)Subsection (1) of this section shall not apply where the court of trial directs to the contrary in any case in which, in the court’s opinion, the title to the property is not in dispute.

(3)In cases where the operation of any such order is suspended until the determination of the appeal, the order shall not take effect as to the property in question if the conviction is quashed on appeal.

(4)Provision may be made by rules of court for securing the safe custody of any property pending the suspension of the operation of any such order.

(5)The Court of Appeal may by order annul or vary an order made by the court of trial for the restitution of property to any person, although the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as so varied.

(6)References in this section to an order for the restoration of property include references to—

(a)an order made under section 27 of the M1Theft Act (Northern Ireland) 1969; and

(b)a compensation order made under [F1Article 14 of the Criminal Justice (Northern Ireland) Order 1994].

Textual Amendments

F1Words in s. 27(6)(b) substituted (9.1.1995) by S.I. 1994/2795 (N.I. 15) art. 26(1), Sch. 2, para. 7; S.R. 1994/446, art. 2

Marginal Citations

28 Costs.U.K.

(1)Except as provided by the M2Costs in Criminal Cases Act (Northern Ireland) 1968 or any other Northern Ireland legislation, no costs shall be allowed on the hearing and determination of an appeal under this Part of this Act, or of proceedings preliminary or incidental to such an appeal.

(2)[F2The following expenses, that is to say—]

(a)the expenses of any solicitor or counsel assigned to an appellant under [F3section 19(1)] of this Act;

(b)the expenses of any witnesses attending on the order of the Court of Appeal, or examined in any proceedings incidental to the appeal;

(c)the expenses of the appearance of an appellant on the hearing of his appeal, or in proceedings preliminary or incidental thereto;

(d)all expenses of or incidental to any examination of witnesses conducted by a person appointed by the Court for the purpose; and

(e)all expenses of or incidental to any reference of a question to a special commissioner appointed by the Court, or of any person appointed as assessor to the Court [F4shall, up to an amount allowed by the Master (Taxing Office) be defrayed, in the case of expenses within paragraph (a), by the Lord Chancellor and, in any other case by the [F5Director of Public Prosecutions]].

[F6(2AA)The expenses of any solicitor or counsel assigned to a person pursuant to a grant of legal aid under section 19(1A) or (1B) of this Act shall, up to an amount allowed by the Master (Taxing Office), be defrayed by the Lord Chancellor.]

[F7(2A)Where a solicitor or counsel is dissatisfied with the amount of any expenses allowed by the Master (Taxing Office) under subsection (2)(a) [F8or (2AA)] above, he may apply to that Master to review his decision.

(2B)On a review under subsection (2A) the Master (Taxing Office) may confirm or vary the amount of expenses allowed by him.

(2C)An application under subsection (2A) shall be made, and a review under that subsection shall be conducted, in accordance with rules of court.

(2D)Where a solicitor or counsel is dissatisfied with the decision of the Master (Taxing Office) on a review under subsection (2A) above, he may appeal against that decision to the High Court and the Lord Chancellor may appear and be represented on any such appeal.

(2E)Where the Lord Chancellor is dissatisfied with the decision of the Master (Taxing Office) on a review under subsection (2A) above in relation to the expenses of a solicitor or counsel, he may appeal against that decision to the High Court and the solicitor or barrister may appear or be represented on any such appeal.

(2F)On any appeal under subsection (2D) or (2E) above the High Court may confirm or vary the amount of expenses allowed by the Master (Taxing Office) and the decision of the High Court shall be final.

(2G)The power of the Master (Taxing Office) or the High Court to vary the amount of expenses allowed under subsection (2)(a) [F9or (2AA)] above includes power to increase or reduce that amount to such extent as the Master or (as the case may be) the High Court thinks fit; and the reference in [F10subsections (2) and (2AA)] above to the amount allowed by the Master (Taxing Office) shall, in a case where that amount has been so varied, be construed as a reference to that amount as so varied.]

(3)Where in any proceedings on an appeal to the Court under this Part of this Act or preliminary or incidental to such an appeal an interpreter is required because of an appellant’s lack of English, the expenses properly incurred on his employment shall be defrayed by the [F11Department of Justice] up to an amount allowed by the Court.

Textual Amendments

F2Words substituted by S.I. 1982/159, art. 4, Sch. para. 4

F4Words inserted by S.I. 1982/159, art. 4, Sch. para. 4

F7S. 28(2A)-(2G) added (2.2.1995) by 1994 c. 33, s. 53(1)(2); S.I. 1995/24, art.2

Modifications etc. (not altering text)

C2Functions of the Secretary of State under s. 28(2) so far as relating to the expenses mentioned in para. (a) of that subsection now exercisable by the Lord Chancellor: S.I. 1982/159, arts. 2(1)(c), 4

Marginal Citations

29 Computation of sentence.U.K.

(1)The time during which an appellant, pending the determination of his appeal, is not detained in custody shall not count as part of any term of imprisonment or detention under his sentence.

(2)The time during which an appellant is in custody pending the determination of his appeal shall, subject to any direction which the Court of Appeal may give to the contrary, be reckoned as part of the term of any sentence to which he is for the time being subject.

(3)Where the Court gives a direction under subsection (2) of this section, the Court shall state the reasons for giving it and the Court shall not give any such direction where—

(a)leave to appeal has been granted; or

(b)a certificate has been given under section 1 of this Act; or

(c)the case has been referred to the Court under [F12section 10 of the Criminal Appeal Act 1995].

(4)The term of any sentence passed by the Court in the exercise of its powers under section 13(2) of this Act shall, unless the Court otherwise directs, begin to run from the time when it would have begun to run if passed in the proceedings from which the appeal lies.

Textual Amendments

F12Words in s. 29(3)(c) substituted (31.3.1997) by 1995 c. 35, s. 29(1), Sch. 2 para. 12(5); S.I. 1997/402, art. 3(e)