PART 68APPEAL TO THE COURT OF APPEAL ABOUT CONVICTION OR SENTENCE

When this Part applies68.1.

(1)

This Part applies where—

(a)

a defendant wants to appeal under—

(i)

Part 1 of the Criminal Appeal Act 1968753,

(ii)

section 274(3) of the Criminal Justice Act 2003754,

(iii)

paragraph 14 of Schedule 22 to the Criminal Justice Act 2003755, or

(iv)

section 42 of the Counter Terrorism Act 2008756;

(b)

the Criminal Cases Review Commission refers a case to the Court of Appeal under section 9 of the Criminal Appeal Act 1995757;

(c)

a prosecutor wants to appeal to the Court of Appeal under section 14A(5A) of the Football Spectators Act 1989758;

(d)

a party wants to appeal under section 74(8) of the Serious Organised Crime and Police Act 2005759;

(e)

a person found in contempt of court wants to appeal under section 13 of the Administration of Justice Act 1960760 and section 18A of the Criminal Appeal Act 1968761; or

(f)

a person wants to appeal to the Court of Appeal under—

(i)

section 24 of the Serious Crime Act 2007762, or

(ii)

regulation 3C or 3H of The Costs in Criminal Cases (General) Regulations 1986763.

(2)

A reference to an ‘appellant’ in this Part is a reference to such a party or person.

[Note. Under Part 1 (sections 1 to 32) of the Criminal Appeal Act 1968, a defendant may appeal against—

(a)

a conviction (section 1 of the 1968 Act764);

(b)

a sentence (sections 9 and 10 of the 1968 Act765);

(c)

a verdict of not guilty by reason of insanity (section 12 of the 1968 Act);

(d)

a finding of disability (section 15 of the 1968 Act766);

(e)

a hospital order, interim hospital order or supervision order under section 5 or 5A of the Criminal Procedure (Insanity) Act 1964767 (section 16A of the 1968 Act768).
See section 50 of the 1968 Act769 for the meaning of ‘sentence’.

Under section 274(3) of the 2003 Act, a defendant sentenced to life imprisonment outside the United Kingdom, and transferred to serve the sentence in England and Wales, may appeal against the minimum term fixed by a High Court judge under section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 or under section 269 of the 2003 Act.

Under paragraph 14 of Schedule 22 to the Criminal Justice Act 2003 a defendant sentenced to life imprisonment may appeal against the minimum term fixed on review by a High Court judge in certain cases.

Under section 42 of the Counter Terrorism Act 2008 a defendant may appeal against a decision of the Crown Court that an offence has a terrorist connection.

See section 13 of the Criminal Appeal Act 1995770 for the circumstances in which the Criminal Cases Review Commission may refer a conviction, sentence, verdict or finding to the Court of Appeal.

Under section 14A(5A) of the Football Spectators Act 1989 a prosecutor may appeal against a failure by the Crown Court to make a football banning order.

Under section 74(8) of the Serious Organised Crime and Police Act 2005 a prosecutor or defendant may appeal against a review by a Crown Court judge of a sentence that was reduced because the defendant assisted the investigator or prosecutor.

Under section 13 of the Administration of Justice Act 1960 a person in respect of whom an order or decision is made by the Crown Court in the exercise of its jurisdiction to punish for contempt of court may appeal to the Court of Appeal.

Under section 24 of the Serious Crime Act 2007 a person who is the subject of a serious crime prevention order, or the relevant applicant authority, may appeal to the Court of Appeal against a decision of the Crown Court in relation to that order. In addition, any person who was given an opportunity to make representations in the proceedings by virtue of section 9(4) of the Act may appeal to the Court of Appeal against a decision of the Crown Court to make, vary or not vary a serious crime prevention order.

Under regulation 3C of The Costs in Criminal Cases (General) Regulations 1986, a legal representative against whom the Crown Court makes a wasted costs order under section 19A of the Prosecution of Offences Act 1985771 and regulation 3B may appeal against that order to the Court of Appeal.
Under regulation 3H of The Costs in Criminal Cases (General) Regulations 1986, a third party against whom the Crown Court makes a costs order under section 19B of the Prosecution of Offences Act 1985772 and regulation 3F may appeal against that order to the Court of Appeal.

The rules in Part 65 also apply where this Part applies.]