Criminal Appeal Act 1968

11 Supplementary provisions as to appeal against sentence. E+W

(1) [F1 Subject to subsection (1A) below, an] appeal against sentence, whether under section 9 or under section 10 of this Act, lies only with the leave of the Court of Appeal.

[F2 (1A) If [F3 , within 28 days from the date on which the sentence was passed,] the judge who passed [F4 it] grants a certificate that the case is fit for appeal under section 9 or 10 of this Act, an appeal lies under this section without the leave of the Court of Appeal.]

(2) Where [F5 the Crown Court], in dealing with an offender either on his conviction on indictment or in a proceeding to which section 10(2) of this Act applies, has passed on him two or more sentences in the same proceeding (which expression has the same meaning in this subsection as it has for the purposes of section 10), being sentences against which an appeal lies under section 9 [F6 (1)] or section 10, an appeal or application for leave to appeal against any one of those sentences shall be treated as an appeal or application in respect of both or all of them.

[F7 (2A) Where following conviction on indictment a person has been convicted under section 41 of the Criminal Justice Act 1988 of a summary offence an appeal or application for leave to appeal against any sentence for the offence triable either way shall be treated also as an appeal or application in respect of any sentence for the summary offence and an appeal or application for leave to appeal against any sentence for the summary offence shall be treated also as an appeal or application in respect of the offence triable either way.

(2B) If the appellant or applicant was convicted on indictment of two or more offences triable either way, the references to the offence triable either way in subsection (2A) above are to be construed, in relation to any summary offence of which he was convicted under section 41 of the Criminal Justice Act 1988 following the conviction on indictment, as references to the offence triable either way specified in the notice relating to that summary offence which was given under subsection (2) of that section.]

(3) On an appeal against sentence the Court of Appeal, if they consider that the appellant should be sentenced differently for an offence for which he was dealt with by the court below may—

(a) quash any sentence or order which is the subject of the appeal; and

(b) in place of it pass such sentence or make such order as they think appropriate for the case and as the court below had power to pass or make when dealing with him for the offence;

but the Court shall so exercise their powers under this subsection that, taking the case as a whole, the appellant is not more severely dealt with on appeal than he was dealt with by the court below.

[F8 (3A) Where the Court of Appeal exercise their power under paragraph (a) of subsection (3) to quash a confiscation order, the Court may, instead of proceeding under paragraph (b) of that subsection, direct the Crown Court to proceed afresh under the relevant enactment.

(3B) When proceeding afresh pursuant to subsection (3A), the Crown Court shall comply with any directions the Court of Appeal may make.

(3C) The Court of Appeal shall exercise the power to give such directions so as to ensure that any confiscation order made in respect of the appellant by the Crown Court does not deal more severely with the appellant than the order quashed under subsection (3)(a).

(3D) For the purposes of this section—

• “confiscation order” means a confiscation order made under—

  (a)

  section 1 of the Drug Trafficking Offences Act 1986,

  (b)

  section 71 of the Criminal Justice Act 1988,

  (c)

  section 2 of the Drug Trafficking Act 1994, or

  (d)

  section 6 of the Proceeds of Crime Act 2002;

• “relevant enactment”, in relation to a confiscation order quashed under subsection (3)(a), means the enactment under which the order was made.]

F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 (5) The fact that an appeal is pending against an interim hospital order under [F11 the Mental Health Act 1983] shall not affect the power of the court below to renew or terminate the order or to deal withthe appellant on its termination; and where the Court of Appeal quashsuch an order but do not pass any sentence or make any other orderin its place the Court may [F12 , subject to section 25 of the Criminal Justice and Public Order Act 1994,] direct the appellant to be kept in custody orreleased on bail pending his being dealt with by the court below.]

F13 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14 (7) For the purposes of this section, any two or more sentences are to be treated as passed in the same proceeding if—

(a) they are passed on the same day; or

(b) they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence.]

Textual Amendments

F1 Words substituted by Criminal Justice Act 1982 (c. 48), s. 29(2)(a)(i)

F2 S. 11(1A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 29(2)(a)(ii)

F3 Words in s. 11(1A) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 3(a); S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

F4 Word in s. 11(1A) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 3(b); S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

F5 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 57(1)

F6 Numeral “(1)” inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 23(1)

F7 S. 11(2A)(2B) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 23(2)

F8 S. 11(3A)-(3D) inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 140(2), 182(5) (with s. 180, Sch. 22 para. 39); S.I. 2010/145, art. 2(2), Sch. para. 10

F9 S. 11(4) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 9, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(6), 44(4)(c) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F10 S. 11(5)(6) inserted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 3 para. 37

F11 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 23(d)

F12 Words in s. 11(5) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 20; S.I. 1995/721, art. 1, Sch. Appendix A

F13 S. 11(6) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 7(b), Sch. 28 Pt. 3; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 26, 50(3)(a) (with Sch. 2 para. 5)

F14 S. 11(7) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 319(3), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 25 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))