Criminal Appeal Act 1995
| Jurisdiction | UK Non-devolved |
| Citation | 1995 c. 35 |
Criminal Appeal Act 1995
1995 CHAPTER 35
An Act to amend provisions relating to appeals and references to the Court of Appeal in criminal cases; to establish a Criminal Cases Review Commission and confer functions on, and make other provision in relation to, the Commission; to amend section 142 of the Magistrates' Courts Act 1980 and introduce in Northern Ireland provisions similar to those of that section; to amend section 133 of the Criminal Justice Act 1988; and for connected purposes.
[19th July 1995]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
The Court of Appeal
1 Leave to appeal etc.
(1) In the Criminal Appeal Act 1968 ("the 1968 Act"), in section 1 (appeal against conviction), for subsection (2) (requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only) substitute—
(2) An appeal under this section lies only—
(a) with the leave of the Court of Appeal; or
(b) if the judge of the court of trial grants a certificate that the case is fit for appeal.’
(2) In the Criminal Appeal (Northern Ireland) Act 1980 (‘the 1980 Act’), in section 1 (appeal against conviction subject to requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only), for the words from ‘conviction’ to the end substitute ‘conviction—
(a) with the leave of the Court; or
(b) if the judge of the court of trial grants a certificate that the case is fit for appeal.’
(3) In section 12 of the 1968 Act (appeal against verdict of not guilty by reason of insanity subject to requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only), for the words from ‘against the verdict’ to the end substitute ‘against the verdict—
(a) with the leave of the Court of Appeal; or
(b) if the judge of the court of trial grants a certificate that the case is fit for appeal.’
(4) In section 12(1) of the 1980 Act (appeal against finding of not guilty on ground of insanity subject to requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only), for the words from ‘against that finding’ to the end substitute ‘to the Court of Appeal against the finding—
(a) with the leave of the Court; or
(b) if the judge of the court of trial grants a certificate that the case is fit for appeal.’
(5) In section 15 of the 1968 Act (appeal against finding of disability), for subsection (2) (requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only) substitute—
(2) An appeal under this section lies only—
(a) with the leave of the Court of Appeal; or
(b) if the judge of the court of trial grants a certificate that the case is fit for appeal.’
(6) In section 13A of the 1980 Act (appeal against finding of unfitness to be tried), for subsection (2) (requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only) substitute—
(2) An appeal under this section lies only—
(a) with the leave of the Court; or
(b) if the judge of the court of trial grants a certificate that the case is fit for appeal.’
2 Grounds for allowing and dismissing appeals.
(1) In section 2 of the 1968 Act (disposal of appeal against conviction), for subsection (1) (grounds on which Court of Appeal are to allow or dismiss appeal), including the proviso, substitute—
(1) Subject to the provisions of this Act, the Court of Appeal—
(a) shall allow an appeal against conviction if they think that the conviction is unsafe; and
(b) shall dismiss such an appeal in any other case.’
(2) In section 2 of the 1980 Act (disposal of appeal against conviction), for subsection (1) (grounds on which Court of Appeal is to allow or dismiss appeal), including the proviso, substitute—
(1) Subject to the provisions of this Act, the Court of Appeal—
(a) shall allow an appeal against conviction if it thinks that the conviction is unsafe; and
(b) shall dismiss such an appeal in any other case.’
(3) In section 13 of the 1968 Act (disposal of appeal against verdict of not guilty by reason of insanity), for subsections (1) and (2) (grounds on which Court of Appeal are to allow or dismiss appeal) substitute—
(1) Subject to the provisions of this section, the Court of Appeal—
(a) shall allow an appeal under section 12 of this Act if they think that the verdict is unsafe; and
(b) shall dismiss such an appeal in any other case.’
(4) In section 12 of the 1980 Act (appeal against finding of not guilty on ground of insanity), for subsections (2) and (3) (grounds on which Court of Appeal is to allow or dismiss appeal) substitute—
(2) Subject to subsection (4) below, the Court—
(a) shall allow an appeal under this section if it thinks that the finding is unsafe; and
(b) shall dismiss such an appeal in any other case.’
(5) In section 16 of the 1968 Act (disposal of appeal against finding of disability), for subsection (1) (grounds on which Court of Appeal are to allow or dismiss appeal) substitute—
(1) The Court of Appeal—
(a) shall allow an appeal under section 15 of this Act against a finding if they think that the finding is unsafe; and
(b) shall dismiss such an appeal in any other case.’
(6) In section 13A of the 1980 Act (appeal against finding of unfitness to be tried), for subsections (3) and (4) (grounds on which Court of Appeal is to allow or dismiss appeal) substitute—
(3) The Court—
(a) shall allow an appeal under this section if it thinks that the finding is unsafe; and
(b) shall dismiss such an appeal in any other case (except one to which subsection (5) below applies).’
3 Abolition of references by Secretary of State.
Section 17 of the 1968 Act and section 14 of the 1980 Act (which provide for references by Secretary of State to Court of Appeal of cases tried on indictment) shall cease to have effect.
4 Evidence.
(1) In section 23 of the 1968 Act (evidence)—
(a) in subsection (1) (power to receive evidence etc.), for paragraph (c) substitute—
‘(c) receive any evidence which was not adduced in the proceedings from which the appeal lies.’,
(b) for subsection (2) (duty to receive evidence in certain circumstances) substitute—
(2) The Court of Appeal shall, in considering whether to receive any evidence, have regard in particular to—
(a) whether the evidence appears to the Court to be capable of belief;
(b) whether it appears to the Court that the evidence may afford any ground for allowing the appeal;
(c) whether the evidence would have been admissible in the proceedings from which the appeal lies on an issue which is the subject of the appeal; and
(d) whether there is a reasonable explanation for the failure to adduce the evidence in those proceedings.’, and
(c) in subsection (3), after ‘any’ insert ‘evidence of a’.
(2) In section 25 of the 1980 Act (evidence)—
(a) in subsection (1) (power to receive evidence etc.), for paragraph (c) substitute—
‘(c) receive any evidence which was not adduced at the trial.’,
(b) for subsection (2) (duty to receive evidence in certain circumstances) substitute—
(2) The Court of Appeal shall, in considering whether to receive any evidence, have regard in particular to—
(a) whether the evidence appears to the Court to be capable of belief;
(b) whether it appears to the Court that the evidence may afford any ground for allowing the appeal;
(c) whether the evidence would have been admissible at the trial on an issue which is the subject of the appeal; and
(d) whether there is a reasonable explanation for the failure to adduce the evidence at the trial.’, and
(c) in subsection (3), after ‘any’ insert ‘evidence of a’.
5 Power to order investigations.
(1) After section 23 of the 1968 Act insert—
23A ‘Power to order investigations.
(1) On an appeal against conviction the Court of Appeal may direct the Criminal Cases Review Commission to investigate and report to the Court on any matter if it appears to the Court that—
(a) the matter is relevant to the determination of the case and ought, if possible, to be resolved before the case is determined;
(b) an investigation of the matter by the Commission is likely to result in the Court being able to resolve it; and
(c) the matter cannot be resolved by the Court without an investigation by the Commission.
(2) A direction by the Court of Appeal under subsection (1) above shall be given in writing and shall specify the matter to be investigated.
(3) Copies of such a direction shall be made available to the appellant and the respondent.
(4) Where the Commission have reported to the Court of Appeal on any matter which they have been directed under subsection (1) above to investigate, the Court—
(a) shall notify the appellant and the respondent that the Commission have reported; and
(b) may make available to the appellant and the respondent the report of the Commission and any statements, opinions and reports which accompanied it.’
(2) After section 25 of the 1980 Act insert—
25A ‘Power to order investigations.
(1) On an appeal against conviction the Court of Appeal may direct the Criminal Cases Review Commission to investigate and report to the Court on any matter if it appears to the Court that—
(a) the matter is relevant to the determination of the case and...
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