STATUTES
| DOI | http://doi.org/10.1111/j.1468-2230.1967.tb01138.x |
| Author | Norman Lewis |
| Date | 01 January 1967 |
| Published date | 01 January 1967 |
STATUTES
THE
CRIMINAL
APPEAL ACT
1966
THE
Criminal Appeal Act
1966,
the sequel to the Interdepartmental
Committee
on
the Court of Criminal Appeal, makes a number of
changes in the system of criminal appeal, some of which are
of
major importance but most of which are ,likely to make little
effective difference to the working of the system. The status of the
appeal tribunal is changed, the Court of Criminal Appeal, an institu-
tion outside the basic structure of the Supreme Court, merging with
the Court of Appeal as the Criminal Division
of
that Court. The
formula governing the quashing
of
convictions is modified with the
intention of widening the scope of effective appeal, particularly in
cases where the primary dispute concerns fact issues, and the
power to increase sentences is abolished. Further provisions are
made in connection with the admission of evidence
on
appeal and
the procedure governing loss of time pending appeal is changed.
Finally, among the main changes the time
limit
for lodging notice
of appeal
(or
application) is extended from ten to twenty-eight days.
The fundamental problem of legal aid is left
to
be dealt with in
the Criminal Justice Bill.
The
New
Court
Section
1
abolishes the Court of Criminal Appeal and transfers its
jurisdiction to a new division of the Cou-t of Appeal, which
now
sits in two divisions, civil and criminal. Judges of the Queen’s
Bench Division may sit, at the request of the Lord Chief Justice,
in
the Criminal Division, and those powers under the Criminal
Appeal Act
1907,
exercisable by a single judge may be exercised by
any judge of the Queen’s Bench Division, whether
or
not he is
entitled
to
sit in the Criminal Division. (These powers include
granting leave to appeal, extensions of time, legal aid, bail and
permission to be present.) The last remains
of
the Court for Crown
Cases Reserved are removed from the Statute Book.
The avowed intention behind this change was to increase the
status of the court, and to establish a more constant membership in
the hope that this would provide conditions in which greater con-
sistency might be achieved; at the same time
it
was desired
to
preserve that direct contact with trial conditions which arises
from the presence
on
the bench of a puisne judge.
No
specac
provision is made, but the practice has become (as the Donovan
Committee anticipated) for the Criminal Division
to
sit in three
divisions, one composed of two Lords Justice (including the Lord
Chief Justice) dealing mainly with appeals, the other composed
of
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