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Criminal Appeal Act 1968: Overview and Provisions, Study notes of Law

UCL Institute of Education (IOE)Law

A comprehensive overview of the Criminal Appeal Act 1968, including the right of appeal against conviction on indictment, grounds for allowing appeal, power to substitute conviction of alternative offence, retrial, appeal against sentence, and other related matters. The Act outlines the procedures for appealing to the Court of Appeal in criminal cases, as well as appeals to the House of Lords from the Court of Appeal (Criminal Division). The document also includes schedules with procedural and other provisions applicable on order for retrial, application of provisions in Part III of Mental Health Act 1983, procedural and other modifications for capital cases, amendment of enactments, transitional provisions, and repeals.

What you will learn

  • What are the powers of the Court of Appeal under Part II of the Criminal Appeal Act 1968?
  • What is the procedure for ordering a retrial under the Criminal Appeal Act 1968?
  • What are the grounds for allowing an appeal under Section 1 of the Criminal Appeal Act 1968?

Typology: Study notes

2021/2022

Uploaded on 09/12/2022

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Changes to legislation: Criminal Appeal Act 1968 is up to date with all changes known to be in force on or before 14
May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
Criminal Appeal Act 1968
CHAPTER 19
CRIMINAL APPEAL ACT 1968
PART I
APPEAL TO COURT OF APPEAL IN CRIMINAL CASES
Appeal against conviction on indictment
1 Right of appeal.
2 Grounds for allowing appeal under s. 1.
3 Power to substitute conviction of alternative offence.
3A Power to substitute conviction of alternative offence after guilty plea
4 Power to re-sentence where appellant remains convicted of related
offences.
5 Disposal of appeal against conviction on special verdict.
6 Substitution of finding of insanity or findings of unfitness to plead etc.
Retrial
7 Power to order retrial.
8 Supplementary provisions as to retrial.
Appeal against sentence
9 Appeal against sentence following conviction on indictment.
10 Appeal against sentence in other cases dealt with at assizes or quarter
sessions.
11 Supplementary provisions as to appeal against sentence.
11A Quashing of certain confiscation orders: supplementary
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Changes to legislation: Criminal Appeal Act 1968 is up to date with all changes known to be in force on or before 14 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Criminal Appeal Act 1968

CHAPTER 19

CRIMINAL APPEAL ACT 1968 PART I APPEAL TO COURT OF APPEAL IN CRIMINAL CASES Appeal against conviction on indictment 1 Right of appeal. 2 Grounds for allowing appeal under s. 1. 3 Power to substitute conviction of alternative offence. 3A Power to substitute conviction of alternative offence after guilty plea 4 Power to re-sentence where appellant remains convicted of related offences. 5 Disposal of appeal against conviction on special verdict. 6 Substitution of finding of insanity or findings of unfitness to plead etc. Retrial 7 Power to order retrial. 8 Supplementary provisions as to retrial. Appeal against sentence 9 Appeal against sentence following conviction on indictment. 10 Appeal against sentence in other cases dealt with at assizes or quarter sessions. 11 Supplementary provisions as to appeal against sentence. 11A Quashing of certain confiscation orders: supplementary

ii Criminal Appeal Act 1968 (c. 19) Document Generated: 2022-05- Changes to legislation: Criminal Appeal Act 1968 is up to date with all changes known to be in force on or before 14 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Appeal in cases of insanity 12 Appeal against verdict of not guilty by reason of insanity. 13 Disposal of appeal under s. 12. 14 Substitution of findings of unfitness to plead etc. 14A Substitution of verdict of acquittal. Unfitness to stand trial 15 Right of appeal against finding of disability. 16 Disposal of appeal under s. 15. Appeal against order made in cases of insanity or unfitness to plead 16A Right of appeal against hospital order etc. 16B Disposal of appeal under s. 16A Appeals following references by the CCRC 16C Power to dismiss certain appeals following references by the CCRC Review by Court of Appeal of cases tried on indictment 17 Appeal to Court of Appeal in Criminal Cases Procedure from notice of appeal to hearing 18 Initiating procedure. 18A Appeals in cases of contempt of court. 19 Bail. 20 Disposal of groundless appeal or application for leave to appeal. 21 Preparation of case for hearing. The hearing 22 Right of appellant to be present. 23 Evidence. 23A Power to order investigations. 24—28 Appeal to Court of Appeal in Criminal Cases Other matters depending on result of appeal 29 Effect of appeal on sentence. 30 Restitution of property. Supplementary 30A Effect of interim hospital orders 30B Criminal courts charge 31 Powers of Court ...which are exercisable by single judge. 31A Powers of Court under Part I which are exercisable by registrar. 31B Procedural directions: powers of single judge and registrar 31C Appeals against procedural directions 32 Transcripts. PART II APPEAL TO HOUSE OF LORDS FROM COURT OF APPEAL (CRIMINAL DIVISION)

iv Criminal Appeal Act 1968 (c. 19) Document Generated: 2022-05- Changes to legislation: Criminal Appeal Act 1968 is up to date with all changes known to be in force on or before 14 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Sentence on conviction at retrial 2 (1) Where a person ordered to be retried is again... 3 Procedural and Other Provisions Applicable on Order for Retrial SCHEDULE 3 — Application of Provisions in Part III of Mental Health Act 1983 where Order made under Section 16(3) of this Act 1 Application of Provisions in Part III of Mental Health Act 1983 where Order made under Section 16(3) of this Act Order for continued detention under Act of 1983 2 Where an order is made by the Court of Appeal... SCHEDULE 4 — Procedural and other Modifications for Capital Cases Appeal to Court of Appeal 1......... .... 2......... .... Appeal to Supreme Court 3......... .... 4......... .... SCHEDULE 5 — Amendment of Enactments Part I — MISCELLANEOUS CONSEQUENTIAL AMENDMENTS

... ... The Sentence of Death (Expectant Mothers) Act 1931 (c. 24) The Children and Young Persons Act (c. 12) The Costs in Criminal Cases Act 1952 (c. 48) Section 7 After the word “Act” there shall be inserted... The Prison Act 1952 (c. 52) The Geneva Conventions Act 1957 (c. 52) (1) Where a protected prisoner of war or protected internee... ... ... The Criminal Justice Administration Act 1962 (c. 15) ... Part II —...

Criminal Appeal Act 1968 (c. 19) Document Generated: 2022-05- v Changes to legislation: Criminal Appeal Act 1968 is up to date with all changes known to be in force on or before 14 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes SCHEDULE 6 — Transitional Provisions 1 (1) Any right of appeal subsisting immediately before the commencement... 2 (1) In so far as any order made, direction given... 3 (1) The mention of particular matters in this Schedule shall... SCHEDULE 7 — Repeals