Criminal Appeal Act 1968

Cited authorities (92)

Cited in

Amendments (676)

Jurisdiction	UK Non-devolved
Citation	1968 c. 19
Year	1968

(1) ^F1Subject to subsection (3) below a person convicted of an offence on indictment may appeal to the Court of Appeal against his conviction.with the leave of the Court of Appeal; orif^F181, within 28 days from the date of the conviction, the judge of the court of trial grants a certificate that the case is fit for appeal.(3) Where a person is convicted before the Crown Court of a scheduled offence it shall not be open to him to appeal to the Court of Appeal against the conviction on the ground that the decision of the court which ^F240sent him to the Crown Court for trial as to the value involved was mistaken.(4) In subsection (3) above “scheduled offence” and “the value involved” have the same meanings as they have in section 22 of the Magistrates’ Courts Act 1980 (certain offences against property to be tried summarily if value of property or damage is small) .

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Contenidos

Criminal Appeal Act 1968
Part I: Appeal to Court of Appeal in Criminal Cases

Appeal against conviction on indictment

1: Right of appeal.
2: Grounds for allowing appeal under s. 1.
3: Power to substitute conviction of alternative offence.
3A: Power to substitute conviction of alternative offence after guilty plea
4: Power to re-sentence where appellant remains convicted of related offences.
5: Disposal of appeal against conviction on special verdict.
6: Substitution of finding of insanity or findings of unfitness to plead etc.

Retrial

7: Power to order retrial.
8: Supplementary provisions as to retrial.

Appeal against sentence

9: Appeal against sentence following conviction on indictment.
10: Appeal against sentence in other cases dealt with at assizes or quarter sessions.
11: Supplementary provisions as to appeal against sentence.
11A: Quashing of certain confiscation orders: supplementary

Appeal in cases of insanity

12: Appeal against verdict of not guilty by reason of insanity.: A person in whose case there is returned a verdict of not guilty by reason of insanity may appeal to the Court of Appeal against the verdict—
13: Disposal of appeal under s. 12.
14: Substitution of findings of unfitness to plead etc.
14A: Substitution of verdict of acquittal.

Unfitness to stand trial

15: Right of appeal against finding of disability.
16: Disposal of appeal under s. 15.

Appeal against order made in cases of insanity or unfitness to plead

16A: Right of appeal against hospital order etc.
16B: Disposal of appeal under s. 16A

Appeals following references by the CCRC

16C: Power to dismiss certain appeals following references by the CCRC

Review by Court of Appeal of cases tried on indictment

17: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure from notice of appeal to hearing

18: Initiating procedure.
18A: Appeals in cases of contempt of court.
19: Bail.
20: Disposal of groundless appeal or application for leave to appeal.
21: Preparation of case for hearing.

The hearing

22: Right of appellant to be present.
23: Evidence.
23A: Power to order investigations.
24: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other matters depending on result of appeal

29: Effect of appeal on sentence.
30: Restitution of property.

Supplementary

30A: Effect of interim hospital orders
30B: Criminal courts charge: The criminal courts charge duty (see section 46 of the Sentencing Code) applies to the Court of Appeal—
31: Powers of Court ...which are exercisable by single judge.
31A: Powers of Court ... which are exercisable by registrar.
31B: Procedural directions: powers of single judge and registrar
31C: Appeals against procedural directions
32: Transcripts.

Part II: Appeal to House of Lords from Court of Appeal (Criminal Division)

The appeal

33: Right of appeal to Supreme Court .
34: Application for leave to appeal.
35: Hearing and disposal of appeal.

Matters preliminary to hearing

36: Bail on appeal by defendant.
37: Detention of defendant on appeal by the Crown.
37A: Continuation of community treatment order on appeal by the Crown
38: Presence of defendant at hearing.
39: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

42: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43: Effect of appeal on sentence.
44: Powers of Court of Appeal under Part II which are exercisable by single judge.
44A: Appeals in cases of death.

Part III: Miscellaneous and General

45: Construction of references in Parts I and II to Court of Appeal and a single judge.

46: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48: Appeal in capital cases.
49: Saving for prerogative of mercy.
50: Meaning of “sentence”.

51: Interpretation.

52: Consequential amendment of enactments.

53: Transitional provisions.
54: Repeals.
55: Short title, commencement and extent.

SCHEDULES

SCHEDULE 1

SCHEDULE 2 Section 8.
Procedural and Other Provisions Applicable on Order for Retrial

Evidence
Sentence on conviction at retrial

SCHEDULE 3 Section 16.
Application of Provisions in Part III of Mental Health Act 1983 where Order made under Section 16(3) of this Act

Order for continued detention under Act of 1983

SCHEDULE 4 Section 48.
Procedural and other Modifications for Capital Cases

Appeal to Court of Appeal
Appeal to Supreme Court

SCHEDULE 5 Section 52.
Amendment of Enactments

Part I: Miscellaneous Consequential Amendments
Part II: . . .

SCHEDULE 6 Section 53.
Transitional Provisions

SCHEDULE 7 Section 54.
Repeals

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Criminal Appeal Act 1968

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