Criminal Appeal Act 1968

1. Introductory Text

2. Part I Appeal to Court of Appeal in Criminal Cases

   1. Appeal against conviction on indictment

      1. 1. Right of appeal.

      2. 2. Grounds for allowing appeal under s. 1.

      3. 3. Power to substitute conviction of alternative offence.

      4. 4. Sentence when appeal allowed on part of an indictment.

      5. 5. Disposal of appeal against conviction on special verdict.

      6. 6. Substitution of finding of insanity or findings of unfitness to plead etc.

   2. Retrial

      1. 7. Power to order retrial.

      2. 8. Supplementary provisions as to retrial.

   3. Appeal against sentence

      1. 9. Appeal against sentence following conviction on indictment.

      2. 10. Appeal against sentence in other cases dealt with at assizes or quarter sessions.

      3. 11. Supplementary provisions as to appeal against sentence.

   4. Appeal in cases of insanity

      1. 12. Appeal against verdict of not guilty by reason of insanity.

      2. 13. Disposal of appeal under s. 12.

      3. 14. Substitution of findings of unfitness to plead etc.

      4. 14A. Substitution of verdict of acquittal.

   5. Unfitness to stand trial

      1. 15. Right of appeal against finding of disability.

      2. 16. Disposal of appeal under s. 15.

   6. Review by Court of Appeal of cases tried on indictment

      1. 17. Reference by Home Secretary.

   7. Procedure from notice of appeal to hearing

      1. 18. Initiating procedure.

      2. 18A. Appeals in cases of contempt of court.

      3. 19. Bail.

      4. 20. Disposal of groundless appeal or application for leave to appeal.

      5. 21. Preparation of case for hearing.

   8. The hearing

      1. 22. Right of appellant to be present.

      2. 23. Evidence.

      3. 23A. Power to order investigations.

      4. 24—28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   9. Other matters depending on result of appeal

      1. 29. Effect of appeal on sentence.

      2. 30. Restitution of property.

   10. Supplementary

       1. 31. Powers of Court under Part I which are exercisable by single judge.

       2. 31A. Powers of Court under Part I which are exercisable by registrar.

       3. 32. Transcripts.

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

   1. The appeal

      1. 33. Right of appeal to House of Lords.

      2. 34. Application for leave to appeal.

      3. 35. Hearing and disposal of appeal.

   2. Matters preliminary to hearing

      1. 36. Bail on appeal by defendant.

      2. 37. Detention of defendant on appeal by the Crown.

      3. 38. Presence of defendant at hearing.

      4. 39—41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   3. Supplementary

      1. 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 43. Effect of appeal on sentence.

      3. 44. Powers of Court of Appeal under Part II which are exercisable by single judge.

      4. 44A. Appeals in cases of death.

4. Part III Miscellaneous and General

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

   2. 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   3. 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   4. 48. Appeal in capital cases.

   5. 49. Saving for prerogative of mercy.

   6. 50. Meaning of “sentence”.

   7. 51. Interpretation.

   8. 52. Consequential amendment of enactments.

   9. 53. Transitional provisions.

   10. 54. Repeals.

   11. 55. Short title, commencement and extent.

5. SCHEDULES

   1. SCHEDULE 1

      1. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   2. SCHEDULE 2

      Procedural and Other Provisions Applicable on Order for Retrial

      1. Depositions

         1. 1. On a retrial, paragraphs 1 and 2 of Schedule 2...

         2. 1A. Subject to paragraph 1 above, evidence given orally at the...

      2. Sentence on conviction at retrial

         1. 2. (1) Where a person ordered to be retried is again...

      3. 3. . . . . . . . . . ....

   3. SCHEDULE 3

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

      1. 1. . . . . . . . . . ....

      2. Order for continued detention under Act of 1983

         1. 2. Where an order is made by the Court of Appeal...

   4. SCHEDULE 4

      Procedural and other Modifications for Capital Cases

      1. Appeal to Court of Appeal

         1. 1. In the case of a conviction involving sentence of death...

         2. 2. In the case of a conviction involving sentence of death—...

      2. Appeal to House of Lords

         1. 3. In a case involving sentence of death, the power of...

         2. 4. (1) Any application for leave to appeal under Part II...

   5. SCHEDULE 5

      Amendment of Enactments

      1. Part I Miscellaneous Consequential Amendments

         1. . . .

         2. . . .

         3. The Sentence of Death (Expectant Mothers) Act 1931 (c. 24)

            1. Section 2(4) For the words “under the Criminal Appeal Act...

         4. The Children and Young Persons Act (c. 12)

            1. Section 55(5) In paragraph (b), for the words “to the...

         5. The Costs in Criminal Cases Act 1952 (c. 48)

            1. Section 7 After the word “Act” there shall be inserted...

            2. Section 8 In subsection (1) (as amended by paragraph 22...

            3. Section 10 For subsection (2) there shall be substituted the...

            4. (2) Where the criminal division of the Court of Appeal...

            5. In subsection (5), after the word “Act” there shall be...

            6. Section 11(1) After the word “Act” there shall be inserted...

            7. Section 12 For this section there shall be substituted the...

            8. Regulations. (1) The Secretary of State may by statutory instrument make...

            9. Section 17(2) After the words “the Act” there shall be...

         6. The Prison Act 1952 (c. 52)

            1. Section 22(1) For the words “the Criminal Appeal Act 1907”...

            2. Section 47(4) In paragraph (c), for the words “the Criminal...

         7. The Geneva Conventions Act 1957 (c. 52)

            1. Section 4 For subsection (1) there shall be substituted the...

            2. (1) Where a protected prisoner of war or protected internee...

         8. . . .

         9. . . .

         10. The Criminal Justice Administration Act 1962 (c. 15)

             1. Section 18(1) For the words “section 2(1) of the Criminal...

         11. . . . . . . . . . ....

         12. . . .

      2. Part II . . .

   6. SCHEDULE 6

      Transitional Provisions

      1. 1. (1) Any right of appeal subsisting immediately before the commencement...

      2. 2. (1) In so far as any order made, direction given...

      3. 3. (1) The mention of particular matters in this Schedule shall...

   7. SCHEDULE 7

      Repeals