Administration of Justice Act 1960

Appeal to House of Lords in Criminal Cases E+W+N.I.

[F1 1 Right of appeal. E+W+N.I.

(1) Subject to the provisions of this section, an appeal shall lie to the House of Lords, at the instance of the defendant or the prosecutor,—

(a) from any decision of [F2 the High Court] in a criminal cause or matter;

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) No appeal shall lie under this section except with the leave of the court below or of the House of Lords; and such leave shall not be granted unless it is certified by the court below that a point of law of general public importance is involved in the decision and it appears to that court or to the House of Lords, as the case may be, that the point is one which ought to be considered by that House.

(3) Section five of the M1 Appellate Jurisdiction Act 1876 (which regulates the composition of the House of Lords for the hearing and determination of appeals) shall apply to the hearing and determination of an appeal or application for leave to appeal under this section as it applies to the hearing and determination of an appeal under that Act; and any order of that House which provides for the hearing of such applications by a committee constituted in accordance with the said section five may direct that the decision of that committee shall be taken on behalf of the House.

(4) For the purpose of disposing of an appeal under this section the House of Lords may exercise any powers of the court below or may remit the case to that court.

(5) In this Act, unless the context otherwise requires, “leave to appeal” means leave to appeal to the House of Lords under this section. ]

Textual Amendments

F1 Ss. 1–5 repealed (N.I.) (with saving) by Judicature (Northern Ireland) Act 1978 (c. 23), Sch. 6 para. 13

F2 Words in s. 1(1)(a) substituted (27.9.1999) by 1999 c. 22, ss. 63(1), 108(3) (with s. 107 and Sch. 14 para. 7(2))

F3 S. 1(1)(b) repealed by (E.W.) Criminal Appeal Act 1968 (c. 19), Sch. 7 and (N.I.) Criminal Appeal (Northern Ireland) Act 1968 (c. 21), Sch. 5

Modifications etc. (not altering text)

C1 S. 1 applied (with modifications) (15.3.1996) by S.I. 1996/716, art. 7(5)

S. 1 applied (17.5.1996) by S.I. 1996/1296, art. 7(5)

S. 1 applied (with modifications) (1.9.2001) by 2001 c. 17, s. 9(3) (with ss. 16(5) , 78); S.I. 2001/2161, art. 2 (subject to art. 3)

C2 S. 1(1) excluded (E.W.) (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 274(4), 336(2)

C3 S. 1(1) excluded (E.W.) (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 22 para. 14(2)

Marginal Citations

M1 1876 c. 59

[F4 2 Application for leave to appeal. E+W+N.I.

(1) Subject to the provisions of this section, an application to the court below for leave to appeal shall be made within the period of [F5 fourteen] [F5 28] days beginning with the [F6 date of the decision of that court] [F6 relevant date]; and an application to the House of Lords for such leave shall be made within the period of [F5 fourteen] [F5 28] days beginning with the date on which the application is refused by the court below.

[F7 (1A) In subsection (1), “the relevant date” means—

(a) the date of the decision of the court below, or

(b) if later, the date on which that court gives reasons for its decision.]

F8 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F9 ... The House of Lords or the court below may, upon application made at any time by the defendant, extend the time within which an application may be made by him to that House or that court under subsection (1) of this section. ]

Textual Amendments

F4 Ss. 1–5 repealed (N.I.) (with saving) by Judicature (Northern Ireland) Act 1978 (c. 23), Sch. 6 para. 13

F5 Words in s. 2(1) substituted (E.W.) (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(1)(2)(a), 110(1); S.I. 2005/910, art. 3(v)

F6 Words in s. 2(1) substituted (E.W.) (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(1)(2)(b), 110(1); S.I. 2005/910, art. 3(v)

F7 S. 1(1A) inserted (E.W.) (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(3), 110(1); S.I. 2005/910, art. 3(v)

F8 S. 2(2) repealed by Criminal Appeal Act 1968 (c. 19), s. 55(3), Sch. 7

F9 Words in s. 2(3) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 111, Sch. 10; S.I. 2005/910, art. 3(y)

F10 3 Special provisions as to capital cases. E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 S. 3 repealed (1.4.2005) by Courts Act 2003 (c. 39) , s. 110(1) , Sch. 8 para. 112 , Sch. 10 ; S.I. 2005/910 , art. 3(y)

[F11 4 Admission of appellant to bail. E+W+N.I.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(2) The power of the High Court under any enactment or rule of law to grant bail in connection with proceedings pending before [F13 the High Court ] shall [F14 , subject to section 25 of the Criminal Justice and Public Order Act 1994, ] include power to grant bail to [F15 an appellant under section 1 of this Act, or a person applying for leave to appeal thereunder, pending the appeal ] ; and in relation to [F16 the time and place of appearance appointed and ] any recognizance to be entered into [F16 by any surety ] under section thirty-seven of the M2 Criminal Justice Act 1948 as applied by this subsection, any reference in that section to the judgment of the High Court shall be construed as a reference to the judgment of the House of Lords or, if the case is remitted by that House to the court below, to the judgment of that court on the case as so remitted.

(3) Where application is made to [F13 the High Court ] for leave to appeal, that court may give such directions as it thinks fit for discharging or enlarging any recognizances entered into by . . . F17 any surety, under any enactment or otherwise, with reference to the proceedings of that court. ]

Textual Amendments

F11 Ss. 1–5 repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23) , Sch. 6 para. 13

F12 Ss. 3(2) , 4(1) , 9(4) repealed by (E.W.) Criminal Appeal Act 1968 (c. 19) , Sch. 7 and (N.I.) Criminal Appeal (Northern Ireland) Act 1968 (c. 21) , Sch. 5

F13 Words in s. 4(2) and (3) substituted (27.9.1999) by 1999 c. 22 , ss. 63(2) , 108(3) (with s. 107 and S Ch. 14 para. 7(2) ).

F14 Words in s. 4(2) substituted (10.4.1995) by 1994 c. 33 , s. 168(2) , Sch. 10 para. 10 ; S.I. 1995/721 , art. 2 , Sch.

F15 Words substituted by Criminal Justice Act 1967 (c. 80) , Sch. 4 para. 24

F16 Words inserted by Bail Act 1976 (c. 63) , Sch. 2 para. 30

F17 Words repealed by Bail Act 1976 (c. 63) , Sch. 3

Marginal Citations

M2 1948 c. 58 .

[F18 5 Power to order detention or admission to bail of defendant. E+W+N.I.

(1) Where the defendant in any proceedings from which an appeal lies under section one of this Act would, but for the decision of the court below, be liable to be detained, and immediately after that decision the prosecutor is granted, or gives notice that he intends to apply for, leave to appeal, the court may make an order providing for the detention of the defendant, or directing that he shall not be released except on bail, [F19 (which may be granted by the court as under section 4 above)] so long as any appeal under section one of this Act is pending.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(3) An order under subsection (1) of this section shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the defendant would have been liable to be detained but for the decision of the court below.

(4) Any order made under the said subsection (1) for the detention of a defendant who, but for the decision of the court below, would be liable to be detained in pursuance of an order or direction under [F21 Part III of the Mental Health Act 1983 (other than under section 35, 36, or 38)] , shall be an order authorising his continued detention in pursuance of the order or direction under [F21 the said Part III] , and the provisions of the said Act with respect to persons so liable (including provisions as to the renewal of authority for detention and the removal or discharge of patients) shall apply accordingly.

[F22 (4A) Where an order is made under the said subsection (1) in the case of a defendant who, but for the decision of the court below, would be liable to be detained in pursuance of an interim hospital order under [F23 section 38 of the Mental Health Act 1983], the order may, if the court thinks fit, be one authorising his continued detention in a hospital or mental nursing home and in that event–

(a) subsection (3) of this section shall not apply to the order;

(b) [F23 Part III of the said Act of 1983] shall apply as if he had been ordered under this section to be detained in custody so long as any appeal under section 1 of this Act is pending and were detained in pursuance of a transfer direction together with a restriction direction; and

(c) if the defendant is detained by virtue of this subsection and the appeal by the prosecutor succeeds, subsection (2) of [F23 the said section 38] (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order.]

(5) Where the court below has power to make an order under subsection (1) of this section, and either no such order is made or the defendant is released or discharged by virtue of [F24 subsection (3), (4) or (4A)] of this section before the appeal is disposed of, the defendant shall not be liable to be again detained as the result of the decision of the House of Lords on the appeal.]

Textual Amendments

F18 Ss. 1–5 repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23) , Sch. 6 para. 13

F19 Words inserted by Criminal Justice Act 1967 (c. 80), Sch. 4 para. 26(a)

F20 Ss. 5(2) , 6(2) repealed by Criminal Justice Act 1967 (c. 80) , Sch. 7 Pts. I , III

F21 Words substituted by Mental Health Act 1983 (c. 20) , Sch. 4 para. 17 ( a )

F22 S.5(4A) inserted by Mental Health (Amendment) Act 1982 (c. 51) , Sch. 3 para. 32

F23 Words substituted by Mental Health Act 1983 (c. 20) , Sch. 4 para. 17 ( b )

F24 Words substituted by Mental Health (Amendment) Act 1982 (c. 51), Sch. 3 para. 32(b)

[F25 6 Computation of sentence where bail granted. E+W+N.I.

(1) Where a person subject to a sentence is [F26 admitted to][F26 granted] bail pending an appeal under section one of this Act, the time during which he is [F26 at large after being so admitted][F26 released on bail] shall be disregarded in computing the term of his sentence.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(3) Subject to the foregoing provisions of this section, any sentence passed on an appeal under section one of this Act in substitution for another sentence shall, unless the House of Lords or the court below otherwise directs, begin to run from the time when that other sentence would have begun to run.]

Textual Amendments

F25 Ss. 6 , 9 , 13 , 15 , 17(1)(3)(4) , 18(3) repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38) , Sch. 6 para. 13 , Sch. 7 Pt. I

F26 Word “granted” substituted (E.W.) for words “admitted to” and words “released on bail” substituted (E.W.) for words “at large after being so admitted” by Bail Act 1976 (c. 63) , Sch. 2 para. 31

F27 Ss. 5(2) , 6(2) repealed by Criminal Justice Act 1967 (c. 80) , Sch. 7 Pts. I , III

7, 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28 E+W+N.I.

Textual Amendments

F28 Ss. 7, 8 repealed (E.W.) by 1968 (c. 19) s. 54 Sch. 7 and (N.I.) by 1968 (c. 21) s. 54 Sch. 5

[F29 9 Procedure. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

(2) Subsection (4) of section thirty-seven of the Criminal Justice Act 1948 (which enables rules of court to be made with respect to the security given for the purposes of that section and the recommittal of persons admitted to bail thereunder) shall have effect as if references to that section included references to sections four and five of this Act so far as they relate to [F31 the High Court].

(3) A defendant who is detained pending an appeal under section one of this Act shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto except where an order of the House of Lords [F32 authorises][F32 or rules of court, as the case may be, authorise] him to be present or where that House or the court below, as the case may be, gives him leave to be present.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ] F33

Textual Amendments

F29 Ss. 6 , 9 , 13 , 15 , 17(1)(3)(4) , 18(3) repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38) , Sch. 6 para. 13 , Sch. 7 Pt. I

F30 S. 9(1) repealed by (E.W.) Criminal Justice Act 1967 (c. 80) , Sch. 7 Pt. I and (N.I.) Criminal Appeal (Northern Ireland) Act 1968 (c. 21) , Sch. 5

F31 Words in s. 9(2) substituted (27.9.1999) by 1999 C. 22, Ss. 63(2), 108(3) (with s. 107 and SCh. 14 para. 7(2)).

F32 Word “authorises” substituted (E.W.) for words “or rules of court, as the case may be, authorise” by Criminal Justice Act 1967 (c. 80) , Sch. 4 para. 30

F33 Ss. 3(2) , 4(1) , 9(4) repealed by (E.W.) Criminal Appeal Act 1968 (c. 19) , Sch. 7 and (N.I.) Criminal Appeal (Northern Ireland) Act 1968 (c. 21) , Sch. 5

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34 E+W+N.I.

Textual Amendments

F34 S. 10 repealed by Courts- Martial (Appeals) Act 1968 (c. 20) , s. 60 , Sch. 6