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Revised Statute from The UK Statute Law Database

Criminal Appeal Act 1968 (c.19)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Criminal Appeal Act 1968

1968 CHAPTER 19

Contents

Go to Preamble

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

    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

  2. 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

  3. 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

  4. SCHEDULE 1

  5. SCHEDULE 2

    Procedural and Other Provisions Applicable on Order for Retrial

  6. SCHEDULE 3

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

  7. SCHEDULE 4

    Procedural and other Modifications for Capital Cases

  8. SCHEDULE 5

    Amendment of Enactments

  9. SCHEDULE 6

    Transitional Provisions

  10. SCHEDULE 7

    Repeals

An Act to consolidate certain enactments relating to appeals in criminal cases to the criminal division of the Court of Appeal, and thence to the House of Lords.

[8th May 1968]

Annotations:

Modifications etc. (not altering text)

C1By Criminal Justice Act 1991 (c. 53, SIF 39:1), S. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act to youth courts shall be construed as references to juvenile courts.

Extent Information

E1Act extends to England and Wales; for exceptions in Sch. 5 see s. 55(3)

Commencement Information

I1Act not in force at Royal Assent, Act wholly in force at 1.9.1968 see s. 55(2).

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