9 Cases dealt with on indictment in England and Wales.E+W
(1)Where a person has been convicted of an offence on indictment in England and Wales, the Commission—
(a)may at any time refer the conviction to the Court of Appeal, and
(b)(whether or not they refer the conviction) may at any time refer to the Court of Appeal any sentence (not being a sentence fixed by law) imposed on, or in subsequent proceedings relating to, the conviction.
(2)A reference under subsection (1) of a person’s conviction shall be treated for all purposes as an appeal by the person under section1 of the 1968 Act against the conviction.
(3)A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person’s conviction on an indictment shall be treated for all purposes as an appeal by the person under section9 of the 1968 Act against—
(a)the sentence, and
(b)any other sentence (not being a sentence fixed by law) imposed on, or in subsequent proceedings relating to, the conviction or any other conviction on the indictment.
(4)On a reference under subsection (1) of a person’s conviction on an indictment the Commission may give notice to the Court of Appeal that any other conviction on the indictment which is specified in the notice is to be treated as referred to the Court of Appeal under subsection (1).
(5)Where a verdict of not guilty by reason of insanity has been returned in England and Wales in the case of a person, the Commission may at any time refer the verdict to the Court of Appeal; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section12 of the 1968 Act against the verdict.
(6)Where [F1in England and Wales there have been] findings that a person is under a disability and that he did the act or made the omission charged against him, the Commission may at any time refer either or both of those findings to the Court of Appeal; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section15 of the 1968 Act against the finding or findings referred.
Textual Amendments
F1Words in s. 9(6) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 31; S.I. 2005/579, art. 3(g)